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1 - 9 of 9 (0.20 seconds)Section 366 in The Indian Penal Code, 1860 [Entire Act]
Section 35 in The Indian Evidence Act, 1872 [Entire Act]
Birad Mal Singhvi vs Anand Purohit on 2 August, 1988
"14. This Court in Birad Mal Singhvi v. Anand Purohit (1988)
Supp SCC 604 had observed that the date of birth in the
register of a school would not have any evidentiary value
without the testimony of the person making the entry or the
person who gave the date of birth.
Section 7 in The Indian Penal Code, 1860 [Entire Act]
Alamelu & Anr vs State Rep.By Inspector Of Police on 18 January, 2011
12. Hon'ble the Apex Court in the matter of Alamelu & Another Vs. State
represented by Inspector of Police, (2011) 2 SCC 385 held that "the transfer
certificate which is issued by a government school and is duly signed by
Headmaster would be admissible in evidence u/s 35 of the Evidence Act, 1872.
However, the admissibility of such a document would be of not much evidentiary
value to prove the age of the prosecutrix in the absence of the material on the basis
of which the age was recorded. The Supreme Court held under the facts and
circumstances of the case that the date of birth mentioned in the transfer certificate
would have no evidentiary value unless the person, who made the entry or who
gave the date of birth is examined".
The Code of Criminal Procedure, 1973
Babloo Pasi vs State Of Jharkhand & Anr on 3 October, 2008
10. The Supreme Court in Babloo Pasi v. State of Jharkhand (2008) 13 SCC
133 held that the School register is relevant and admissible but is not of much
evidentiary value in absence of the material on which the age was recorded. Para
28 is relevant and quoted below:
Manak Chand @ Mani vs The State Of Haryana on 30 October, 2023
11. Further the Supreme Court in the matter of Manak Chand alias Mani vs.
State of Haryana, reported in 2023 SCC Online SC 1397 has reiterated the law
laid down by it in the matter of Birad Mal Singhvi vs. Anand Purohit, 1988
(Supl.) SCC 604 and observed that the date of birth in the register of the school
would not have any evidentiary value without the testimony of the person making
the entry or the person who gave the date of birth. It was further reiterated that if
the date of birth is disclosed by the parents, it would have some evidentiary value
but in absence the same cannot be relied upon. For sake of brevity para No. 14 &
15 of the judgment are reproduced hereunder :-
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