Overview
- A bench of Justices Vivek Agarwal and Avanindra Kumar Singh set aside the conviction and acquitted the accused in an August 14 judgment.
- The court said the trial judge committed several irregularities, including ignoring an ossification report on record and failing to put Section 313 Cr.P.C. questions based on a DNA report.
- Relying on Supreme Court guidance that ossification tests carry a one- to two-year margin of error, the bench held the girl must be deemed an adult for purposes of the case.
- The prosecution did not exhibit the X-ray report suggesting an age range of 17 to 19, which the appellant argued showed intellectual dishonesty.
- The High Court noted the absence of a birth certificate, the girl's statements about consenting to a relationship and a temple marriage in Hyderabad, and criticized trial courts for consistently failing in their duties despite judicial training.