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Showing contexts for: school leaving certificate in State vs . 1. Pradeep @ Lala on 25 November, 2014Matching Fragments
PW9 Ram Sagar Yadav, TGT, Sarvodaya Secondary School, who deposed that he has brought the summoned record i.e. admission and withdrawal register pertaining to the year 2006. As per the admission register prosecutrix (name withheld) D/o Shri Ram Tek was admitted to class 6th on 28/04/2006 vide admission no. 3102 and as per the register, her date of birth is mentioned as 08/03/1992. The 18 of 149 PS - Nangloi photocopy of the Admission Register is Ex. PW9/A (OSR). The copy of the form filled up by the guardian at the time of admission of the prosecutrix is Ex. PW9/B (OSR). Prosecutrix (name withheld) was admitted in the abovesaid School on the basis of the School Leaving Certificate issued by the MCD Primary School, Nilothi and the photocopy of the said certificate is Ex. PW9/C (OSR). He has also seen the School Leaving Certificate of prosecutrix (name withheld) from Judicial Record, which was issued by Sh. Dilbagh Singh Gulia, the then Vice Principal, Sarvodaya Coeducation Secondary School, Nilothi. He identifies his signatures on the certificate Ex. PW9/D at point 'A' as he had worked with him in the same School and he had seen him writing and signing during the course of their official duty.
There is nothing in the crossexamination of PW6 - Ram Tek so as to impeach his creditworthiness.
Moreover, the testimony of PW6 - Ram Tek is also found to be corroborated by PW9 Ram Sagar Yadav, TGT, Sarvodaya Secondary School.
PW9 Ram Sagar Yadav, TGT, Sarvodaya Secondary School, who deposed that he has brought the summoned record i.e. admission and withdrawal register pertaining to the year 2006. As per the admission register prosecutrix (name withheld) D/o Shri Ram Tek was admitted to class 6th on 28/04/2006 vide admission no. 3102 and as per the register, her date of birth is mentioned as 08/03/1992. The photocopy of the Admission Register is Ex. PW9/A (OSR). The copy of the form filled up by the guardian at the time of admission of the 46 of 149 PS - Nangloi prosecutrix is Ex. PW9/B (OSR). Prosecutrix (name withheld) was admitted in the abovesaid School on the basis of the School Leaving Certificate issued by the MCD Primary School, Nilothi and the photocopy of the said certificate is Ex. PW9/C (OSR). He has also seen the School Leaving Certificate of prosecutrix (name withheld) from Judicial Record, which was issued by Sh. Dilbagh Singh Gulia, the then Vice Principal, Sarvodaya Coeducation Secondary School, Nilothi. He identifies his signatures on the certificate Ex. PW9/D at point 'A' as he had worked with him in the same School and he had seen him writing and signing during the course of their official duty.
The Hon'ble Supreme Court in case State of Maharashtra Vs. Gajanan Hemant Janardhan Wankdhede (2008) 8 SCC 38 has held as under : "13. .....On the basis of the evidence of the Headmaster and the original school leaving certificate and the school register which were produced the High Court came to abrupt conclusion that normally for various reasons the guardians to understate the age of their children at the time of admission in the school. There was no material or basis for coming to this conclusion. The High Court in the absence of any evidence to the contrary should not have come to hold that the date of birth of the prosecutrix was not established and the school leaving certificate and the school register are not conclusive.
PW6 - Sh. Ram Tek during his further examinationinchief recorded on 31/05/2011 has deposed that : "I had already given my statement in the Court. About four years back, I had given the School Leaving Certificate Ex. PW9/D of my daughter/prosecutrix (name withheld) to the Police after the incident which was seized by the Police."
72 of 149 PS - Nangloi From the aforesaid narration of PW6 - Ram Tek, it is clear that prosecutrix (name withheld) is his daughter. In the month of August, two years ago, on one day, his wife was not feeling well and she alongwith his wife went to the Doctor at about 10:00 a.m. At that time, his daughter (name withheld) was present in their house. At about 11:30 a.m., when they came back to their house, their daughter (name withheld) was not present in their house. They tried their level best to trace her. Even they contacted their relatives and visited their native place and thereafter on the next day, they reported the matter to the Police. Police lodged missing report and the same is Ex. PW6/A. He also handed over the photograph of his daughter. Even the hue and cry notice was also published by the Police. After about 1920 days, they received an information from PS Nangloi that his daughter had been traced and she is now with the officials of PS Punjabi Bagh. Later on, his daughter was handed over to them, after her medical examination. His daughter was minor at that time. During investigation, he also handed over the birth certificate of his daughter to the Police, which was seized vide memo Ex. PW3/C, which bears his signature at point 'B'. Date of birth of his daughter is 08/03/1992. He also handed over his 73 of 149 PS - Nangloi original Ration Card to the Police. He had given the School Leaving Certificate Ex. PW9/D of his daughter/prosecutrix (name withheld) to the Police after the incident which was seized by the Police.