Evidence Act, 1872, Section 35 -- School leaving certificate stated to be signed by father - Proof - Person who recorded date of birth in the School Register or the person who proves the signature of his father in the school Transfer Certificate not examined - No evidence to show that entry of date of birth was made by the official i, charge, which alone would make it..........
Evidence Act, 1872, Section 35 -- Public document - Birth certificate issued by Registrar (Births and Deaths) is an official document which is admissible in evidence u/s 35 of the Act - It is a public document prepared by a public servant in discharge of his official duty and presumption of correctness is attached to it...........
Indian Penal Code, 1860, Section 376, 451, 506, Evidence Act, 1872, Section 35 -- Rape - Determination of age of prosecutrix - Entry in general register maintained by School - School leaving certificate was issued by Headmaster on the basis of general register entry maintained in school - Entry in general register about date of birth of prosecutrix was made by concerned..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(h), 20, Evidence Act, 1872, Section 35, Indian Penal Code, 1860, Section 376, 451, 506 -- Rape - Age of accused - Entry of name of accused in register maintained by school - Admissibility - Determination of age of accused - Rape case - AW1 produced the character certificate of accused and original..........
Registration of Births and Deaths Act, 1969, Section 15, Evidence Act, 1872, Section 35 -- Date of birth - Change in school record - Correction sought on basis of birth certificate issued by Sub Registrar, Birth and Deaths - Birth certificate is public record and its genuineness cannot be doubted - Bye laws of school empowered to make correction in date of birth in school..........
Indian Penal Code, 1860, Section 363, Evidence Act, 1872, Section 65, 35 -- Kidnapping - Age of victim - Testimony of Head master of school that as per school records, entry of date of birth of victim made on basis of birth certificate - Neither birth certificate produced nor original school records containing entries - Held, no implicit reliance can be placed on such..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 35 -- Rape - Age of prosecutrix - School certificate - Issued by Headmaster - Certificate is admissible in evidence but the date of birth recorded therein has no evidentiary value unless the person, who made the entry or who gave the date of birth is examined...........
Evidence Act, 1872, Section 35 -- Age - Proof - The best evidence to prove age is of parents if the same is supported by un-impeachable documents - In case the date of birth depicted in the school register/certificate stands belied by the un-impeccable evidence of reliable persons and contemporaneous documents like the date of birth register of the Municipal Corporation,..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2(1), Evidence Act, 1872, Section 35 -- Murder - Accused claiming himself to be juvenile - Father of accused in support of this claim produced birth certificate of accused which was found to be forged - Held, though it was proved that accused was juvenile, his father liable to be prosecuted for producing..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 49, Evidence Act, 1872, Section 35 -- Juvenile - Claim of juvenility - Proof - Entry of date of birth in school record i.e. admission form and transfer certificate - Not relevant for purpose of S.35 Evidence Act as entry is not made in any public or official register and is not made either by a..........
