HP High Court Directs DGP To Issue Guidelines On Proving Age Of Child Victims, Cites Repeated Investigative Lapses
The Himachal Pradesh High Court has directed the Director General of Police, Himachal Pradesh, to circulate Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 along with necessary guidelines to all Investigating Officers, after observing that prosecution cases have failed due to lapses in collecting evidence relating to the age of child victims.
A Division Bench of Justice Vivek Singh Thakur and Justice Bhupesh Sharma remarked that:“To avoid similar lapse in investigation, Director General of Police, Himachal Pradesh is directed to circulate provisions of Section 94 of the Juvenile Justice Act, 2015 alongwith necessary guidelines/instructions to all Investigating Officers in Himachal Pradesh.”
Background
The case arose from an appeal filed by Kulwinder Singh against his conviction by the Sessions Court in a case arising out of FIR No. 25/2020 registered at Police Station Kot-Kehloor, Bilaspur, under Sections 354A, 354D, 376 and 506 IPC and the POCSO Act. He had been sentenced to 20 years' rigorous imprisonment under Section 4(2) of the POCSO Act, along with additional sentences under the IPC.
During the appeal, the State sought permission to lead additional evidence to prove the victim's age, including her Matriculation Certificate and school records, which had not been produced during the trial.
The High Court held that the State could lead additional evidence at the appellate stage under Section 432 BNSS to establish the victim's age, as the proposed evidence was necessary for a just decision and did not introduce any new fact or alter the prosecution's case.
The Court observed that the Investigating Officer's failure to collect the school record was a curable irregularity, not an incurable lacuna. Since the accused would have an opportunity to cross-examine the witnesses, permitting the additional evidence would not cause prejudice.
Accordingly, the Court allowed the State to re-examine the victim and examine the concerned school officials to prove her Matriculation Certificate and date of birth in accordance with Section 94 of the JJ Act.
Case Name: Kulwinder Singh v/s State of HP & Ors.
Case No.: Cr.MP No.3368 of 2026
Date of Decision: 15.09.2026