Statutory Presumptions under PITA and the Evidentiary Weight of Ossification Tests in Trafficking Cases.
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Case: RITA DILIP GHOSH v. THE STATE OF MAHARASHTRA
Court: Bombay High Court
Date: 03-07-2026
Law: Immoral Traffic (Prevention) Act, Code of Criminal Procedure, Indian Evidence Act, Indian Penal Code.
Highlights of the Judgment:
- An analysis of the statutory presumption under Section 6(2) of the Immoral Traffic (Prevention) Act, 1956.
- The evidentiary value and procedural requirements of ossification tests and X-ray examinations for age determination.
- Judicial discretion regarding adverse inference under Section 114(g) of the Indian Evidence Act for non-examination of victims.
- Legal standards for determining whether contradictions in raid timings and FIR delays are fatal to the prosecution.
- Compliance requirements for search and seizure operations conducted by a Special Police Officer under Section 15 of PITA.
- The scope and limitations of High Court revisional jurisdiction in interfering with concurrent findings of conviction.
- Application of the circumstantial evidence doctrine and the completion of the chain of evidence in trafficking cases.