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
petitioner's application filed under Section 311
read with Section 233 Cr.P.C. for recalling Abhimanyu Kumar, father of the
child victim ... years.
The statement of the child victim under Section 161 Cr.P.C. was recorded on
19.08.2014.
8. The prosecution has produced material on record
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
case, the corpus (Deeksha) was recovered and her statement under Section 164 Cr.P.C. was recorded. In her statement, she has stated that ... learned counsel for the parties and by taking notice of the Matriculation Certificate of the corpus provided by the Central Board of Secondary Education
prosecution. She in her statement stated that she failed in
Matriculation examination. She had studied at Senior Secondary
Savitri School, Ajmer. Her date of birth ... incident to her mother. She proved her statements
recorded under Section 164 Cr.P.C (Ex.P-1), Written Report
Milak, District Rampur under Section 366 IPC. The allegation in the first information report is that the informant's sister has been enticed away ... produced before the Court and the Court upon perusal of the matriculation certificate and other documents, came to conclusion that her date of birth
bring the POCSO Act in consonance with Exception 2 to Section 375 IPC -- this is also not a viable option since it would require ... other pro-child statutes; (v) To read Exception 2 to Section 375 IPC in a purposive manner to make it in consonance with the POCSO
Cr.P.C. before the Magistrate, she has also disclosed her age as
19 years. In her statement recorded under Sections 161 and 164
... condition as laid down
under Section 438 (2) of the Cr.P.C.
Accordingly, the impugned order is set aside and
appeal is allowed.
(Prakash
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
