Source: the wire
The Supreme Court observed that ossification test conducted on a person aged around 40 to 55 years cannot be conclusive to declare him as a juvenile on the date of the incident. The bench comprising Justices RF Nariman, Hemant Gupta and BR Gavai observed that “When a person is around 18 years of age, the ossification test can be said to be relevant for determining the approximate age of a person in conflict with law. However, when the person is around 40-55 years of age, the structure of bones cannot be helpful in determining the age”
In the present case, the accused-appellant relied on an ossification test report to contend that he was juvenile at the date of incident i.e 20.7.1982. It was contended that, considering the maximum age as 55 years as per the Medical Report thereby submitted, the accused would still be less than 18 years on the date of incident. While considering this contention, the bench observed that the plea of juvenility can be raised at any stage even after finality of the proceedings before the Supreme Court.