Allahabad High Court flags lack of radiologists for ossification tests, misuse of POCSO Act

The Allahabad High Court recently noted that sexual assault victims are being harassed due to delays in their medical examinations caused by a lack of radiologists in various districts of Uttar Pradesh. The Court expressed concern that many districts do not have radiologists, leading to delays in crucial medico-legal procedures.

Justice Krishan Pahal has directed the Director General of Medical and Health to personally appear in court and provide district-wise details of radiologists and medical facilities. This order came while hearing a bail application in a case under the Protection of Children from Sexual Offences Act (POCSO Act).

The case involved delays in conducting an ossification test, which is used to determine the victim's age. After the test revealed the victim was above 18, the Court criticized the misuse of the POCSO Act. The victim’s father had falsely reported her age as 13, leading to the wrongful application of the law. The accused spent over six months in jail as a result.

The Court emphasized that the POCSO Act, intended to protect minors, should not be misused and noted that it is increasingly being used to criminalize consensual relationships between adolescents. The judge stressed that the facts of each case should be carefully considered, especially in matters of bail, to avoid injustice. Based on these findings, the Court granted bail to the accused.

Case Title: Prakash Kumar Gupta vs State of UP & 3 Others.