TODAY -

Phaknung gang rape case : JJB for ossification test of 3 accused
Source: The Sangai Express

Imphal, May 24 2017: Juvenile Justice Board, Imphal East allowed the Investigation Officer of the Phaknung gang rape case to carry out age ossification test of three accused who family members claimed are juveniles, during a hearing at JJB Imphal East today.

As the hearing proceeded, members of NGOs gathered and staged a protest at the main entrance gate by holding banners and shouting slogans demanding age ossification test to be carried out on all five accused in the gang rape of two minor girls on April 14. The order for carrying out the test of three accused was passed by Principal Magistrate, JJB Imphal East, Ningthoujam Lanleima.

The petition was put up by the SDPO Investigating Officer of the case through the Government counsel for passing necessary order to allow ossification test of three accused in the interest of justice.

The petition mentioned that an NGO lodged a complaint on April 14, stating that two minor girls who were roaming with two boys around Khurai Angom Leikai were forcibly abducted by some unknown persons and then gang raped.

After registering an FIR, necessary investigation was conducted and seven accused were arrested and produced before the special Court POCSO, Imphal East.

Out of the seven accused, six of them were referred to the JJ Board after they were found to be juveniles based on their school certificates.

The petition also stated that during the course of investigation, one certificate issued by the Controller of Examination, Board of Secondary Education Manipur mentioned the date of birth of one them as April 2, 1999, which proved that he was not a minor at the time of committing the offense.

It also stated that many contradictions were found in the date of birth given in the school certificate and the date of birth recorded in other documents.

Defense counsel of the CCLs submitted that age determination process shall be conducted only when the documents are absent and also mentioned that age recorded in Aadhaar cards cannot be used to determine the age of the accused and strongly objected the application for conducting ossification test.

Government counsel on the other hand submitted that in the course of investigation, it was found that the school certificate, Aadhaar card and testimonies recorded different date of births of the CCLs and therefore the date of birth certificate of the school cannot be authenticated and submitted that only ossification tests of the accused can ascertain the truth.

Defense counsel of an accused submitted that on the date of the incident, his age was 16 years and two months and the certificate submitted by the police before the Court was not issued by BOSEM's Controller of Examination and the Aadhaar card submitted by police cannot be used as a document for determining the age.

After hearing the submission of Government counsel and defense counsel of CCLs, the Board found that the age recorded in the documents, certificates and testimonies of three accused were different and expressed doubt regarding their real age.

The Board also found that the ages of the remaining three other accused in the documents, certificates and testimonies have differences but stated that their age still fall within the limit of juvenility and hence shall remain as juveniles.

The Board further allowed conducting ossification test of three accused among the six in the interest of justice.


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