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
date of
birth certificate from the school" or "the
matriculation or equivalent certificate" from ... Even the victim girl in her statement recorded
under Section 164 of Cr.P.C. (Ex.P.9) has stated two dates
of birth
Rules, it is only in the
absence of the matriculation or equivalent certificates of the
date of birth certificate from the School or a birth ... alia of committing the offences punishable under
Sections 363 and 366 of IPC. Though Section 363 of IPC
speaks about punishment for kidnapping, however
birth certificate or the matriculation certificate as
envisaged in Rule 12 of the Juvenile Justice (Care
and Protection of Children) Rules ... statement given by PW1 under Section 164 of
Cr.P.C., and submitted that PW1 gave her age as
18 years before the Magistrate
female baby. The
parties have filed an application under Section 482 of Cr.P.C.
supported by the memorandum of facts stating that the sexual ... date of birth certificate from
the school" or "the matriculation or equivalent
certificate" from the concerned examination board or
certificate
protection of Children), Rules 2007. It
was held that, first the matriculation certificate shall be relied. In
the absence of that, the date of birth ... Municipal authorities or
Panchayath shall be relied. Admittedly, PW.2 had passed
matriculation exam. Investigating Office has no explanation why
1
(2020)4 SCC659
Sri Vinayak Bharani M S vs The State Of Karnataka on 10 July, 2023
IN
State Of Karnataka vs Sharukhkan Moulanaik Patil on 4 July, 2023
Author: H.B. Prabhakara
Shrishail vs The State Of Karnataka on 21 December, 2023
-1-
NC: 2023:KHC-K
documents which are to be relied shall be as follows:
i) the matriculation or equivalent certificates, if
available; and in the absence whereof ... Mahadeo's
case referred to supra.
Reg. 376 and 420 IPC
22. As per the complaint and the evidence of PW.1,
the accused