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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