Group of
Hospital, Gwalior, xerox copy of statement under Section 164 of
Code of Criminal Procedure, 1973 dated 06/09/2017. On these
documents ... 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
Sections 363
and 366 IPC and under Section 4 of the POCSO Act and in the alternate,
under Section 376 IPC were framed against ... crux of the entire case law is that the matriculation
certificate, then school record of the first attended school, then
the birth certificate issued
Crime No. 860 of 2019, under Sections 363 , 366 , 506 , 376 , 120B IPC and Section 3 / 4 Protection of Children From Sexual Offences ... case a certificate of date of birth by the school or the Matriculation Certificate or the birth certificate issued by a municipal body is otherwise
Barowalia, Judge. (oral)
The present bail application under Section 439 of the
Code of Criminal Procedure has been maintained by the petitioner for
releasing ... under Sections 363, 366 and 376 of the Indian Penal Code (for short
"IPC") and Section 6 of Protection of Children from Sexual
Furthermore, the claim that the girl is major is
illustrative from her matriculation certificate showing her date of birth
as 28.02.1997 and by these means ... circumstance for this Court to exercise its
inherent powers under Section 482 Cr.P.C. as there are special
circumstances to meet the ends
Saurabh Pandey And Another vs State Of U.P. And 5 Others on 15 July
years, consent is immaterial. Section
375 of the Indian Penal Code provides that if the victim
below the age of 16 years consents, the same ... offender is concerned,
29
it is settled position of law, that if matriculation or
equivalent certificates are available and there is no other
material
State vs Kaishar Ali on 30 August, 2019
Equivalent citations: AIRONLINE 2019 DEL 1479, 2019
obtaining --
i. the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination Board, if available ... rape? Exception 2 to Section 375 of the Penal Code, 1860 ( IPC ) answers this in the negative, but in our opinion sexual intercourse with
aged 15 years. Statement of the corpus was recorded under Section 164 Cr.P.C. In the said statement she stated that she is High ... recorded.
The learned A.G.A. has pointed out that in her matriculation certificate (High School Marks-sheet), which is admitted to the corpus
