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POCSO Act | Section 34 Empowers Special Courts To Determine Age Of Both Offender & Victim: J&K High Court Remands Case For Fresh Age Inquiry
The Jammu and Kashmir and Ladakh High Court recently emphasized that under Section 34 of the POCSO Act, the Special Courts are empowered to determine the age of both the accused and the victim in cases involving sexual offenses against children.
In this particular case, the Court found discrepancies and doubts regarding the recorded age of the accused. Since the correct age is crucial for deciding whether the accused should be tried as a juvenile or an adult, the High Court remanded the matter back to the Special Court for a fresh inquiry specifically to ascertain the accurate age of both the alleged offender and the victim.
The Court stressed that the age determination is not a mere formality — it directly affects the jurisdiction, the nature of trial, and sentencing.
Key points from the judgment:
Section 34 POCSO Act gives Special Courts the authority to determine the age.
If there’s any doubt or dispute regarding age, a proper inquiry must be conducted.
Relying solely on school records or superficial certificates without proper inquiry is not enough.
The High Court’s decision reinforces that in sensitive cases involving minors, proper procedural safeguards must be followed meticulously to ensure justice for both the victim and the accused.