Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
References:- ["State of Maharashtra VS Maroti S/o Kashinath Pimpalkar - Supreme Court"]- ["Manikanta @ Puli S/o Shanmugam VS State of Karnataka - Karnataka"]- ["Narayan VS State Of Maharashtra - 2023 0 Supreme(Bom) 181"]- ["BEERENDRA SINGH DHAKKER vs STATE OF KERALA - Kerala"]- ["PANCHANANDA JANA vs STATE OF WEST BENGAL AND ANR - Calcutta"]- ["K.RAGHAVAN vs STATE OF KERALA - Kerala"]
In POCSO (Protection of Children from Sexual Offences) cases, determining the victim's age is crucial for establishing jurisdiction and applying stringent protections under the Act. A common query arises: second school performa inadmissible in pocso matters? Many wonder if admission registers or proformas from a second or previous school lack evidentiary value or are outright inadmissible. This blog post delves into Indian court precedents, statutory provisions, and practical insights to clarify this issue.
Drawing from key judgments and the Indian Evidence Act, 1872, we'll explore why such records typically hold probative value when properly proved, helping prosecutors, defense counsel, and legal enthusiasts understand the nuances.
School admission registers or proformas from a second or previous school are not inadmissible in POCSO matters. They carry significant probative value for age determination under Section 35 of the Indian Evidence Act, 1872, provided they are properly proved. This includes testimony from the custodian (e.g., headmaster) and production of originals or certified extracts from proper custody. Courts generally prioritize these entries over ossification tests when supporting documents are absent. Even extracts from prior schools issued during trial under Section 311 CrPC remain valid if the original register is produced. Narayan VS State Of Maharashtra - 2023 0 Supreme(Bom) 181Pandurang Narayan Jadhav VS State of Maharashtra Through Investigating Officer Police Station Chhawani, Aurangabad - 2019 0 Supreme(Bom) 527Gopal VS State of Maharashtra - 2020 0 Supreme(Bom) 1018
School admission registers and proformas are routinely admitted to establish the victim's age. In a pivotal ruling, the court held: the entry in the school admission register, made by a public servant in the discharge of official duty, had probative value and the ossification test could not prevail in the absence of required documents. This underscores prioritization of school records over medical tests. Narayan VS State Of Maharashtra - 2023 0 Supreme(Bom) 181
Similarly, in another case, admission (Exhibit-27) and attendance registers (Exhibit-28) produced by the headmaster proved the prosecutrix's date of birth as 28-03-2001, confirming her age below 18 without admissibility challenges. These documents were maintained and preserved with School Authority during the course of official function.Pandurang Narayan Jadhav VS State of Maharashtra Through Investigating Officer Police Station Chhawani, Aurangabad - 2019 0 Supreme(Bom) 527
Secondary or previous school records face no statutory bar. A landmark decision validated extracts from Z.P. Primary School, Kherda (Exhibits 82-83), issued under Section 311 CrPC: He had brought the original register along with him and then produced the extracts containing those entries. These extracts would show that both the victims had taken admission in the said school in 1st Standard and at the time of their admission, their birth date was given as 21-06-2000 and 15-03-2002 respectively. The court ruled: When the document is coming from the proper custody, and it can be explained by the witness, then further formal proof to prove that entry, will not be necessary.Gopal VS State of Maharashtra - 2020 0 Supreme(Bom) 1018
Citing Ravinder Singh Gorkhi v. State of U.P. (2006 (5) SCC 584), it affirmed Section 35's scope for records maintained in official duty. Extracts suffice if originals are shown; lack of admission forms or maker's testimony is irrelevant with custodian evidence. Current school certificates (Exhibits 69-70, 71-72) were also upheld.
In a related POCSO context, school certificates confirmed victims as minors, with witnesses from school and hostel corroborating statements. The victims are minors during the commission of offence is proved by the school certificate.Parimala VS State Rep. by Inspector of Police, Karumathampatty Police Station - 2024 Supreme(Mad) 733
Juvenile Justice Rules emphasize school records first: Primary importance should be given to the date of birth certificate by school or matriculation certification. Courts apply Jarnail Singh v. State of Haryana ((2013) 7 SCC 263), holding school registers admissible per Section 35 with evidentiary value, even if not conclusive (State of Chhattisgarh v. Lekhram, 2006 (5) SCC 736). Cases like Prakash Jaganath Pawar are distinguished where primary documents were absent; here, first-standard registers proved the source. Gopal VS State of Maharashtra - 2020 0 Supreme(Bom) 1018
However, a contrasting view highlights limitations: Date of Birth – Proof of - entry regarding date of birth contained in the school register and the secondary school examination has no probative value if no person on whose information the entry was made is examined. This stresses the need for informant linkage in some scenarios. ALEX P. V. VS STATE OF KERALA - 2021 Supreme(Ker) 505
While generally admissible, records may falter if:- Not from proper custody or lacking custodian testimony.- Originals/extracts unproduced. Gopal VS State of Maharashtra - 2020 0 Supreme(Bom) 1018 notes failure to produce admission applications isn't fatal if defense doesn't pursue.- Ossification tests prevail only alongside documents. Narayan VS State Of Maharashtra - 2023 0 Supreme(Bom) 181- Civil contexts differ, as school entries aren't per se public documents under Section 74 Evidence Act without proof (less relevant to POCSO criminal trials).
Other sources echo scrutiny needs, like quashing POCSO summons absent 'sexual intention,' prioritizing prima facie evidence. SUJATA SURAJ BHATIA VS STATE OF GUJARAT - 2022 Supreme(Guj) 1425
In aggravated cases, like repeated assaults confirmed by school proofs, courts stress timely trials. Parimala VS State Rep. by Inspector of Police, Karumathampatty Police Station - 2024 Supreme(Mad) 733
Second school proformas are typically admissible and valuable in POCSO age disputes when proved under Evidence Act principles, favoring child protection. Courts balance rigor with sensitivity, prioritizing reliable records.
Key Takeaways:- Rely on custodian testimony and proper custody.- School records trump ossification absent contradictions.- No blanket inadmissibility—context matters.
This post provides general insights based on precedents and is not legal advice. Consult a qualified lawyer for case-specific guidance.
as accused, the truthfulness, sufficiency or admissibility of the evidence are not matters falling within the purview of exercise of power under Section 482 Cr.P.C. and undoubtedly they are matters to be done by the Trial Court at the time of trial. ... The stated FIR came to be registered against unidentified person(s) on the accusation of commission of sexual offences against minor tribal girls who were students of Infant Jesus English Public High School, Rajura residing in its girls’ hostel. ... Baisahab and Others, (2020) 3 SCC 317 a ....
Hardy submitted that in the absence of the examination of the officer/chowkidar concerned who recorded the entry, it was inadmissible in evidence. ... Ex.P8 is extract of school admission register issued by PW5 in the capacity of headmaster of the school. ... Section 2(d) of the POCSO Act defines the child as a person below the age of 18 years. ... The Hon’ble Supreme Court noticed that the letter sent by PW4 was the statement made during investigation and therefore it was held to be inadmissible in vie....
In view thereof, the birth certificate from primary school has a probative value. 17. Learned counsel for the applicant argued that the entry in the school record is inadmissible. Therefore, the ossification test report would prevail. ... Therefore, the entry in the school admission register is invalid and inadmissible. He argued that for these reasons, the impugned order is liable to be quashed and set aside. 12. ... The applicant was arraigned as an accused of the offences under Section 376(2)(f)(i) a....
POCSO Act. ... the victim under the POCSO Act. ... that the same cannot be imported to determine the age of a victim under the POCSO Act. ... Emperor [AIR 1931 Madras 233] found a statement made of ravishment, immediately after the incident, not to be part of res gestae and inadmissible under Sec.6. In Royson v. ... Kappinaiah (supra) held that the statement by a woman immediately after she had been ravished does not form part of res gestae and it is inadmissible in evidence, under S.6.
Sections 7 , 8 and 11 of the Protection of Children from Sexual Offences Act (for short “the POCSO Act”) against the present petitioners. 2. ... It was a notice informing me to collect a school leaving certificate of my daughter from the school by 09.08.2018.
The matters be listed before the Single Bench. ... It is argued that the second question formulated in the reference the second question referred for determination to this Bench, the question has to be understood in the light of answer to the second has been founded on assumption of incorrect fact, the third p style="position:absolute;white-space:pre;
Sarabjit Kaur submitted that there were only 15 teachers in the School. She refused to identify her signatures appended on the Coverage Performa. ... Sarabjit Kaur, Principal of the School, appeared before the Commissioner on 27.07.2005 and stated that the Enforcement Officer, who inspected the School on 16.02.2005, had submitted the Coverage Performa alleged to have been signed by Smt. ... The Enforcement Officer presented the Coverage Performa, showing 23 employees were working in th....
Since the 2nd respondent hailing from poor family, she was in need and support of the school. Taking advantage of the position, A1 committed penetrative sexual assault on her. The 2nd respondent transferred to another school from Athupalayam to Murugapalayam school. ... The witnesses from the school and hostel confirmed the statements of the victims and others. The victims are minors during the commission of offence is proved by the school certificate. The medical records also collected. ... The learned....
As there is cordial relation between petitioner and performa respondent and they have also two minor children, the complainant (father of performa respondent) do not want to pursue the criminal case against the petitioner any more. ... Thereafter, in the month of August, 2016, petitioner and performa respondent alongwith two minor children came back to the house of complainant (father of performa respondent). ... 3. ... Code’) has been preferred by the petitioner for quashing FIR No. 19/14 dated 23.4.2014, registered wit....
... That the school in question is a project school of 1984-85 phase and the aforesaid committee has examined the matter alongwith such other matters of project schools of 1984-85 phase and submitted its report before the Chief Secretary of the State. ... It further transpires from the subsequent reply that three men committee invited the claims of the concerned project schools of 1984-85 phase and individuals in prescribed performa and the claims have been considered. ... In the reply, which can be reproduced, as it is,....
We reject the argument raised against the offences charged under the POCSO Act, on the above two counts. The fact that the offence was committed when the accused, a Sunday School teacher, was holding private tuition will not take the offence out of S.5(f) of the POCSO Act.
In the affidavit filed, it is stated that 11 POCSO Courts have been notified and 4 have been earmarked for trial of both rape and POCSO cases. Therefore, we direct the State of Chhattisgarh to ensure that in all the districts which have more than 100 cases, at least one exclusive POCSO Court is set up in those districts; and in districts which have more than 300 POCSO cases, at least 2 exclusive POCSO Courts along with support staff are set up. We cannot permit the exclusive POCSO Courts to take up other matters.
The petitioner, however, was given Performa promotion under NBR to the rank of Second-in-Command while on deputation. On the request of Madhya Pradesh government, the deputation of the petitioner was, however, extended by two years. At the time of extension also, the petitioner submitted similar undertaking and agreed not to claim promotion in the absence of mandatory field service. Before the petitioner proceeded on deputation, he submitted an undertaking to the respondents, undertaking therein that in the event, the petitioner, while on deputation, does not find his name ....
• No staff being sanctioned exclusively for POCSO related matters. • The Commission has been monitoring the POCSO Act with the support of the Members in coordination with the Collectors. • No fund was given exclusively for preparation of Information, Education and Communication materials in order to disseminate the various provisions of the POCSO and other child related legislations among the public and the Children as well. • In spite of the non availability of staff and budget, the present commission is conducting awareness programmes for the Parents, Teachers, Children a....
(g) “Election Expenditure” means the expenditure incurred, or authorized by a candidate or his election agent in relation to an election made between the date of the nomination and the date of declaration of election result thereof, (both dates inclusive). (h) “Performa” means-Performa “A”-Day to day Account Register of election expenditure; Performa “B”-Cash Register of election expenditure and Performa “C”-Bank Register of election expenditure and Performa “D” Affidavit. (b) Vouchers relating to the entries lodged in account register of election expenditure in P....
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