Matriculation certificate or equivalent edu record valid age proof in Pocso cases: Kerala HC

Kochi: The high court has held that the age of a survivor in Pocso cases can be conclusively established through a matriculation certificate or an equivalent educational record.The court observed that where such a certificate is available and duly proved, it constitutes the highest category of evidence for age determination, and no further evidence is required. Justice A Badharudeen made the ruling while dismissing an appeal filed by a 41-year-old dance teacher from Malappuram, who challenged his conviction and sentence of 10 years’ rigorous imprisonment in a Pocso case.According to the prosecution, the accused had sexually assaulted a 16-year-old girl, who was a dance student, at his dance school in March 2014. Subsequently, in Dec 2014, the survivor gave birth to a child. To establish the survivor’s age, the prosecution primarily relied on her SSLC book, which showed that she was born in 1997. In addition, a certificate issued by the principal of the school she attended, extracted from the school admission register and recording her date of birth, was produced.The accused contended that these documents could not be relied upon as the sole basis for proving the survivor’s age. He argued that the best evidence had not been adduced to establish the victim’s age so as to attract the offences under the Pocso Act.However, relying on earlier rulings and judicial precedents, the court held that the age of a victim in Pocso cases can be conclusively established through a matriculation certificate or an equivalent educational record. Accordingly, the bench dismissed the appeal .