Ravinder Singh Gorkhi vs State Of U.P on 12 May, 2006
"The age of a person as recorded in the
school register or otherwise may be used
for various purposes, namely, for obtaining
admission; for obtaining an appointment;
for contesting election; registration of
marriage; obtaining a separate unit under
the ceiling laws; and even for the purpose
of litigating before a civil forum e.g.
necessity of being represented in a court of
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law by a guardian or where a suit is filed on
the ground that the plaintiff being a minor
he was not appropriately represented
therein or any transaction made on his
behalf was void as he was a minor. A court
of law for the purpose of determining the
age of a (2006) 5 SCC 584 party to the lis,
having regard to the provisions of Section
35 of the Evidence Act will have to apply
the same standard. No different standard
can be applied in case of an accused as in
a case of abduction or rape, or similar
offence where the victim or the prosecutrix
although might have consented with the
accused, if on the basis of the entries made
in the register maintained by the school, a
judgment of conviction is recorded, the
accused would be deprived of his
constitutional right under Article 21 of the
Constitution, as in that case the accused
may unjustly be convicted."