moths is
missing. The Statement of Victim was recorded U/s 164 Cr.P.C on
08.02.2019. The Victim also disclosed ... Victim
disclosed in matriculation certificate of Victim "A".
Pertinently, the Victim has stated in her statement recorded U/s
1645
Applicants have invoked the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding of Session ... children were borne and they are studying in matriculation. In exercise of inherent power under Section 482 Cr.P.C., this Court is not expected
Rules. We cannot import other procedures laid down in the Code of Criminal Procedure or any other enactment while making an inquiry with regard ... having the hangover of the procedure of trial or inquiry under the Code as if they are trying an offence under the penal laws forgetting
earlier criminal revision
petition u/s 397 / 399 of the Cr.PC and registered as Criminal Revision Petition No. 47/2022
have been upheld ... observation the earlier
Page No.# 6/9
petition u/s 397 / 399 Cr.PC filed by the present petitioner was rejected by the learned
Sessions
application, under Section 439 of the
3
Code of Criminal Procedure (hereinafter referred to as the
Cr.P.C '), which has been dismissed, vide ... statements of the witnesses
were recorded, under Section 161 Cr.PC. The documentary
evidence, with regard to the age of the child victim
crime.
Learned trial court relied upon the date of birth in the matriculation
certificate, which is mentioned as 11.07.1998 and held that victim was
major ... identified the signatures
on her statement got recorded under Section 164 Cr.P.C., in which the
victim has categorically stated to the Magistrate that
been held that in a case under Section
376 IPC, when the question regarding the age of the victim
arises, then the evidence ... child and such preference
talks about the matriculation or equivalent certificates, if
available; and in the absence whereof; the date of birth
certificate from
Prashant Kumar, learned A.G.A. for the State.
The present 482 Cr.P.C . application has been filed for quashing the impugned order dated ... Case Crime No.104 of 2015, under Sections 363 , 366 I.P.C., Police Station Kila, District Bareilly.
It has been contended by learned counsel
I.P.C.
instituted by her. In support of his contention, learned counsel for the
petitioner relies upon annexure 2, 164 Cr.P.C . statement ... submits that date of
birth recorded in the marks sheet of the matriculation examination issued by
the Bihar School Examination Board, Patna
State vs . Avinash Tiwari @ Babloo on 14 February, 2014
IN THE COURT OF Dr. KAMINI
