date of birth certificate from the
school" or "the matriculation or equivalent certificate" from
the concerned examination board or certificate ... been convicted and sentenced
under Sections 363 , 366A , 376(2)(n) IPC and Section 5(l)
and Section
IPC,
even the slightest penetration is sufficient, and the degree of penetration is not
material for proving a case under Section 376 of the IPC ... sentenced the accused/petitioner under Sections
366 and 376 of the IPC. The judgment and order dated 22.09.2010 was
rendered after a proper appreciation
recorded the statement of
P.W.2 (victim girl) under Section 164 Cr.P.C. under Ex.P.28 and the
signature ... then sent a requisition to Tenkasi M.K.V.Kandasamy
Nadar Matriculation Higher Secondary School for getting the age of P.W.2
(victim girl
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
been recorded from
the victim girl (P.W.1) under Section 164 Cr.P.C. (Ex.P1), wherein she had
stated that the appellant ... been proved by the evidence of P.W.4 (Principal of Islamia
Matriculation School) and the certificate issued by the school regarding
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."
17. Against this
Juvenile
Justice (Care and Protection of Children) Rules,
2007, where the matriculation or equivalent
certificates, if available that should be
considered ... acquittal of the accused for the offence
punishable under Section 376 of IPC and POCSO
Act. In view of the same
minor victim for
the offence under Sections 376 , 363 of IPC and Section 6
of the POCSO Act, the prosecution has to prove by placing ... Court to seek evidence
and in that process, the Court can obtain
matriculation or equivalent certificates, if
available. Only in the absence of any
matriculation
signature of the victim on her statement
under Section 164 of the Cr.P.C., Ext. P4- signature of the
victim on the medical requisition ... statements of the accused persons
were recorded under Section 313 of the Cr.P.C. and after
conclusion of trial, learned Trial Court has acquitted
Juvenile
Justice (Care and Protection of Children) Rules,
2007, where the matriculation or equivalent
certificates, if available that should be
considered ... acquittal of the accused for the offence
punishable under Section 376 of IPC and POCSO
Act. In view of the same
