SC admits school register as evidence of date of birth

New Delhi, Apr 9 (UNI) In a significant ruling, the Supreme Court has held that a register maintained in a school is admissible as evidence to prove the date of birth of the person concerned in terms of Section 35 of the Indian Evidence Act.

A bench comprising Justice S B Sinha and Justice P P Naolekar vide judgement dated April 5, 2006 set aside a judgement of Chhattisgarh High Court acquitting respondent Lekh Raj, accused of kidnapping and raping the daughter of his employer.

The prosecutrix, Sushila Bai, has stated that her date of birth is December 25, 1970. She was admitted in a village school in 1977.

She was married in the year 1985. She came back from her in-laws' house and was allegedly induced by the respondent on the night of February 25, 1986.

The trial court convicted the accused for the offence punishable under Section 376 of the IPC and sentenced him to three-year rigorous imprisonment (RI). The charges of kidnapping and illegal confinement were, however, not proved against the accused.

The Supreme Court while restoring the trial court order observed ''such dates of birth are recorded in the school register by the authorities in discharge of their public duty''.

It may be true that an entry in the school register is not conclusive but it has evidentiary value. Such evidentiary value is corraborated by oral evidence as the same was recorded on the basis of the statement of the mother of the prosecutrix.

The apex court while ruling said that interests of justice would be met if the respondent is directed to be sentenced to the period already undergone by him.

Lekh Raj has already undergone imprisonment for one and a half years.

The Supreme Court also said, ''We therefore are of the opinion that the High Court committed a serious error in passing the judgement. It cannot therefore be sustained. It is set aside accordingly.'' UNI AKS SC SS RS1906