statement recorded under Section 313 of the Code of Criminal
Procedure, 1973 (for short "the Code"), in response to question No.52 Sadik ... defined under Section 375 of IPC.
17. Learned counsel for the respondent submitted that the matriculation
certificate is not conclusive proof
Parveen Kumar, accused, in his statement, under Section
313 of the Code of Criminal Procedure, also took up the same plea, as
was taken ... under Section 366 of the Indian Penal Code. No
doubt, as per exhibit PN, the certificate of Matriculation Examination,
the date of birth
contradictory statements before the
police under section 161 Cr.P.C and her statement under section 164
Cr.P.C. before the Magistrate as well ... girl as written in the Matriculation admit card, which is a
vital difference and hence requires scrutiny. In the Matriculation
admit card, date of birth
Science Laboratory, Madhuban.
On completion of investigation, Challan/report under Section 173
Cr.P.C. was presented only against the present appellant - Sunil Patel. Case ... prove its
case.
Statement of the appellant was recorded under Section 313 Cr.P.C.
wherein he denied the charges framed against him and pleaded
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
cross-
examination as well as statement recorded under Section 313 of the
Cr.P.C. is that of complete denial of the occurrence ... under Section 164 Cr.P.C., Exhibit-2/1 statement
under Section 164 Cr.P.C. of the victim, Exhibit-3 matriculation
certificate of Nitu
Case No.126 of 2009 under Section 376 of the Indian Penal
Code. The petitioner claimed juvenility on the ground that the
Patna High Court ... Misc. No.27554 of 2011 (8) dt.10-07-2014
2/5
matriculation certificate, the marks-sheet, the admit card of
matriculation and other documents
charge under Section 376 IPC must fail.
36. Now coming to the charge under Section 366 of
Indian Penal Code, the marriage of accused with ... intercourse. Thus the charge u/s 366 IPC also fails."
Learned trial Court relied solely upon matriculation certificate,
Ex.P10 and held that
suppressed his date of birth as declared in the
matriculation certificate. In the Bihar Service Code in Appendix-I
the delegation of power for this ... year
1972 on the basis of the age shown in the matriculation certificate
or in the Teachers‟ training certificate, in this case will also pale
IPC and vide a separate order dated 3.8.2002, sentenced him as
under:-
Sr. No. Section Sentence awarded
1. 376 IPC To undergo rigorous
imprisonment ... parents.
The aforesaid FIR was investigated. The report under Section
173 Cr.P.C. was submitted and thereafter on 29.10.2001, the appellant
was charged
