Thursday, August 6, 2015

Landmark Observation of SC on Evidence Value of Radio-logical Examination in determination of Age

In the matters of Ramdeo Chauhan alias Raj Nath v. State of Assam, the Hon'ble Apex Court has made certain landmark observations in respect of evidence value of radi0-logical examination in determination of age of an victim, such that "The statement of the doctor is no more than an opinion, the court has to base its conclusions upon all the facts and circumstances disclosed on examining of the physical features of the person whose age is in question, in conjunction with such oral testimony as may be available. An X-ray ossification test may provide a surer basis for determining the age of an individual than the opinion of a medical expert but it can by no means be so infallible and accurate a test as to indicate the exact date of birth of the person concerned. Too much of reliance cannot be placed upon textbooks, on medical jurisprudence and toxicology while determining the age of an accused. In this vast country with varied latitudes, heights, environment, vegetation and nutrition, the height and weight cannot be expected to be uniform"

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