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Showing contexts for: parivar register in Om Prakash vs State Of U.P. on 23 February, 2024Matching Fragments
9. The complainant also opposed the application stating that the revisionist had got prepared a false report regarding his age whereas he was aged 36 years.
10. The trial Court examined the Gram Panchayat Adhikari as CW-1, who produced a copy of the Parivar Register as Exhibit - 1, which mentions the year of birth of the revisionist to be 1976 and the entry in Parivar Register was made long ago. The trial Court held that even if the date of birth of the revisionist is taken to be 31.12.1976, i.e. the last date of the year, at the time of the incident the age of the revisionist would be 23 years 7 months 11 days.
(Emphasis supplied)
20. In the present case, the Gram Panchayat Adhikari has produced a copy of the Parivar Register which mentions the year of birth of the revisionist to be 1976 and the entry in Parivar Register was made long ago. This document is prepared and kept during the normal course of business. As per the law laid down in Ashwani Kumar Saxena (Supra) the court is not expected to go behind this document to examine the correctness of the entry, more particularly, when there is no allegation that the Parivar Register has been fabricated or manipulated. In these circumstances, there was no need for medical examination of the revisionist for ascertaining his age.
But the Court shall also have regard to such facts as the following, in considering whether such maxims do or do not apply to the particular case before it--
as to illustration (e)--a judicial act, the regularity of which is in question, was performed under exceptional circumstances;
as to illustration (f)--the question is whether a letter was received. It is shown to have been posted, but the usual course of the post was interrupted by disturbances;
* * *
22. Thus the entry made in the Parivar register stating the year of birth of the revisionist, which was made by a public servant in the discharge of his official duty, is itself a relevant fact for deciding the age of the revisionist and it has to be presumed that the official act of preparation of Parivar Register was performed in a regular manner and the entries in the register are correct. It has to be presumed that the common course of business has been followed in preparation, maintenance and production of the Parivar register.
34. The Gram Panchayat Adhikari has produced a copy of the Parivar Register which mentions the year of birth of the revisionist to be 1976 and the entry in Parivar Register was made long ago. This document is prepared and kept during the normal course of business. The entry made in the Parivar register stating the year of birth of the revisionist was made by a public servant in the discharge of his official duty, is a certificate of the year of birth of the revisionist and it has to be presumed that the official act of preparation of Parivar Register was performed in a regular manner and the entries in the register are correct. It has to be presumed that the common course of business has been followed in preparation, maintenance and production of the Parivar register.