identified her signature (Exhibit 1/1). She also
submitted a transfer certificate of school (exhibit 2).
18. In cross-examination PW1 denied the suggestion ... house.
36. Regarding age of the prosecutrix prosecution relied on
transfer certificate of school (exhibit 2) which was produced by
PW1 (mother of prosecutrix) before
Bhoomi
School who has proved the School Leaving Certificate as
well as the Registration Form pertaining to admission of
the girl in the school, which ... Registration Form is Ex. Ka-8, while the
Transfer Certificate (School Leaving Certificate) is Ex. Ka-7
and both have been proved by the Principal
school documents are later in time and are primarily based on the above
earlier record. As far as evidentiary value of school document ... Supreme
Court while discussing the evidentiary value of School Transfer Certificate
observed,
"A School Transfer Certificate cannot be accepted
as conclusive print of date
which was
a school leaving certificate from Sarvodya Vidyalaya, New Delhi; the
transfer certificate was proved as Ex.P-1. The ossification report ... left the school at
28.09.1996 and was admitted in the school on 15.04.1986. The transfer
certificate issued by the Vice Principal of the school
document regarding admission of the prosecutrix (PW-1) in any
school or any transfer certificate issued by any school showing
date of birth
diary dated 11.3.2022 has referred to this transfer certificate which was not possible as the transfer certificate was issued on 14.3.2022 only. Further ... argument that the victim had studied in the school, issuing transfer certificate for two years only and before that she is said to have
native village and on the basis of transfer
certificate, I took admission in Surya Public School ... native village and on the basis of transfer
certificate, I took admission in Surya Public School."
From the aforesaid narration of PW1 - prosecutrix
school
record is concerned, even the admission form of school as primary
evidence regarding age of the prosecutrix has not been produced.
The transfer certificate ... date of birth was recorded on the basis of transfer
certificate issued by the earlier school. There is nothing to show as
to on what
PW12 Shri Bhagwan is Manager of New Adarsh Public
School. He deposed that transfer certificate issued in the name of
victim does not pertain ... School, Metro Vihar, Holambi Kalan. As per this certificate, the date of
birth of the victim as in the school record is 14.03.91, the school
Janaki (PW-11). It has also relied on the school transfer (leaving)
certificate Ex.PW11/B wherein the date of birth of the prosecutrix ... been taken away by the accused on 12.02.2005. Therefore, if the birth
certificate Ex.PW11/B is treated to be an authenticated proof
