Court to determine the age, whereas Rule 12 of JJ
( CPC ) Rules, 2007 provides the procedure to be followed
as to in which manner ... Rule 12 of the JJ ( CPC ) Rules,
2007 and they shall make all their efforts to collect the
Matriculation or equivalent certificates or the date
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
that, in
the first instance, the school leaving certificate, or the
matriculation certificate had to be seen; if that were not
available, the birth certificate ... that what she stated in her statement
under Section 164 of Cr.P.C., the accused could not have
been convicted for the offences that
victim while giving her statement before the learned
Magistrate under Section 164 Cr.P.C., her father's name is
mentioned as Biju Kumar ... proved
before the Court and only relies upon the document of
Matriculation Certificate Ex.P15 and Ex.P14 is the Age
Certificate issued
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
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
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
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
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
