Code of Criminal Procedure, 1973–Sec. 439–[Corresponding Sec. 483 of BNSS, 2023]–Protection of Children from Sexual Offences Act, 2012–Whether u/s. 439 Cr.P.C., the High Court could have issued directions, mandating age determination test to be concluded in all cases involving the POCSO Act ?–Held, no–Jurisdiction u/s. 439 is limited to adjudicating the question of a person concerned being released into society pending trial or whether they should continue to be incarcerated–High Court erred in undertaking such an exercise of issuing directions and getting the age of the victim examined in an application seeking grant of bail–A Court, at the stage of bail, cannot conduct a mini trial–The determination of the age of the victim is a matter for trial, and the presumption which is accorded to the documents enumerated u/s. 94 of the J.J. Act, has to be rebutted there, for that is the appropriate forum to do so, not the bail Court–Directions are liable to be set aside.
