recorded by the
police in the course of investigation, invoking Section 175 Cr.P.C., after first
having recorded them under Section 161 thereof. Obviously ... suspicion on the cause of death, when his statement
under Section 161 Cr.P.C., was recorded.
15. On 07.02.2007, the learned Additional Sessions Judge
each of the Indian Penal Code and 2 years under
Sections 148 and 149 of the Indian Penal Code. All the
Patna High Court ... support of his application, he has annexed a copy of his
Matriculation Certificate, issued by Bihar School Examination
Board, along with the application
trial court convicted the appellant/convict under
Section 376 / 506 of the I.P.C. and under Section 4 of the POCSO
Act, where ... passed for the offence under Sections 376 & 506
of the I.P.C. Being aggrieved thereof, the appellant/convict
preferred the present appeal
claim in his statement recorded under
Section 313 of Cr.P.C. that the victim had misrepresented her age,
and this plea is not available ... mentions the date
of birth as 29.08.2000. The matriculation certificate mentions her
date of birth as 27.8.2001, and the MLC (Ext. PW13/B) mentions
conviction
of the appellant under Section 376 / 366 of the Indian Penal Code as
well as Section 4 of the POCSO Act, 2012, has been ... date of birth certificate from the school,
or the matriculation or equivalent certificate
from the concerned examination Board, if
available; and in the absence thereof
record after the statement of the accused
under Section 313 of the Cr.P.C and then the school admission
register is of Class ... papers supplied to the accused under Section 207 of the Cr.P.C.
In this regard the Hon'ble Division Bench Judgment
also file documentary
evidence (Ext. 1 to 5) i.e., Matriculation Certificate of the
deceased (Ext.1), Certificate of proceeding of post-mortem of
deceased ... under Section 279 &
304A of the Indian Penal Code against the driver of vehicle
Rhino (Sonalika) Jeep Taxi registration
adducing the prosecutrix's
birth certificate from the school, her matriculation or equivalent
certificate from the concerned examination Board or her birth
certificate given ... Bharatiya
Nyaya Suraksha Sanhita, 2023 (earlier Section 311 of the Code of
Criminal Procedure, 1973) read with Section 168 of the Bharatiya
Sakshya Adhiniyam
make an
inquiry and not an investigation or trial under
the Code of 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
date of birth certificate from the school or the matriculation or
equivalent certificate from the concerned examination board, if
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Uploaded ... there
ought not to be any conviction under Section 363 of the I.P.C,
where a case of kidnapping has to be proved under
