Delhi High Court affirms use of victim’s Aadhaar card in clearing accused of POCSO charges.

Trial court discharges accused of POCSO charges based on Aadhar card DoB

The trial court had relied on the Date of Birth (DoB) mentioned in the Aadhar card to discharge the accused of POCSO charges.

High Court upholds trial court’s decision

On appeal, Justice Dinesh Kumar Sharma of the High Court agreed with the trial court’s decision.

School record not considered sufficient

While there was a school record showing another DoB, the Court noted that this information was not based on any birth certificate or related documents issued by the municipal or similar authorities.

In the absence of these documents, the trial court “rightly relied upon the Aadhaar card” to ascertain the age of the victim, the High Court said.

“The Investigating Officer did not collect any birth certificate from the school of the prosecutrix or birth certificate issued by MCD or any other statutory authority or panchayat. The coordinate Bench of this Court in State NCT of Delhi V Umesh … also referred the Aadhaar card to determine the age of the prosecutrix,” the Court added.

Summary:

• The trial court discharged the accused of POCSO charges by relying on the DoB mentioned in the Aadhaar card.
• Justice Dinesh Kumar Sharma of the High Court upheld the trial court’s decision.
• The school record showing a different DoB was not considered as it lacked supporting documents.
• The absence of birth certificate or related documents led the trial court to rely on the Aadhaar card to determine the victim’s age.