under
the Act of 2000. Under Rule 12(3)(a)(i) the
matriculation or equivalent certificate was
given precedence and it was only ... date of birth
certificate from the school as well as the
matriculation or equivalent certificate are
placed in the same category."
36. In Abuzar
Dharmshala,
for recording the statement of the victim under Section 164 of
Cr.P.C. Statement (Ex.P10/PW14) was recorded ... birth certificate of the victim.
Rupali (PW3) issued a copy of the Matriculation Certificate
(Ex.PW3/B) showing that the victim was born
enquiry, the following documents
would have to be obtained:
(i) matriculation or equivalent certificate if available;
(ii) in the absence of (i) the date ... relied upon. The matriculation
certificate, in other words, is given precedence. It is in the
absence of a matriculation certificate that the date of birth
Secondary Education Manipur, Manipur University & Manipur Medical Council
respectively which issue matriculation, Class XII, MBBS and medical registration
certificates.
[3] It is the practice ... Section 72 of the BNS, 2023 [earlier, Section 228A of IPC], (ii) Section 24
WP(C) No. 392 of 2024 Page
Subhash Chandra And 6 Others vs State Of U.P. And Another on 12 May
make an
inquiry and not an investigation or trial under the Code of
22
Criminal Procedure. The Court stated its opinion in the following
words ... There may be situations where the entry made
in the matriculation or equivalent certificates, date of birth
certificate from the school first attended and even
Rules, 2017'), also requires to be believed
and to consider matriculation certificate which is available
as the most preferred document to prove ... which attempt he has succeeded, as such, Section
366 of IPC also stands established. The evidence of PWs-1,
2, 3 and 5 establishes that
submitted that even
though Rule 12 of the Rules stipulates that only matriculation or equivalent
certificates, or in their absence, the date of birth certificate ... have been committed by him,
punishable under Section 302 of the IPC and Section 27 of the Arms Act.
The widow of the victim
before the Court, where her statement was
got recorded, under Section 164 Cr.P.C.
11.9. During investigation, the proof regarding the
date of birth ... said record,
her date of birth was found to be 9.11.2007. Her
matriculation certificate has also been obtained,
according to which, her date of birth
minor. In the scheme of Rule 12(3), matriculation (or equivalent) certificate of the child concerned is the highest rated option. In case, the said ... provisions of the POCSO Act as well as under the Indian Penal Code . The Act, 2015 , provides a complete machinery in Section 94 with regard
