Confusion on Conclusive Proof
Rekha.....
(Querist) 14 February 2009
This query is : Resolved
Confusion over conclusive proof.
Hello! Respected Members of the Forum
Wud u please make me enlighten on this issue?. Why L.C (School Leaving Certificate) can not be called as a conclusive proof in a minor girl rape case? Please explain it exclusively as I found Hon’ble Judge’s explanation as well as Ld advocates arguments are not satisfactory to me in the Court proceedings.
Jainodin shaikh
(Expert) 14 February 2009
I think there is deference between School Leaving Certificate and Birth Certificate.
Birth certificate can be a conclusive proof of AGE as it is having the date of birth provided by the person or institution who is deemed to be authentic source of the information; but school leaving certificate is issued on the basis of the Register maintened by the school which can be a conclusive proof of the dates of admission and leaving the school and academic status but can not of the AGE.
You obtain The Birth Certificate from local authority i.e. Municipal council or corporation.
Kiran Kumar
(Expert) 15 February 2009
Mr. Shaikh is right....generally the courts dont accept such doucments because these institutional documents may be procured one or the parents might have registered different birth date with the school authorities.
so the record available with the municipal authorites are relied upon.
another option is Osicfication Test...for that pls c details from some Forensic Sc. based book.
Sushil Kumar Bhatia
(Expert) 15 February 2009
There are different modes to prove the age Birth Certificate of local authority,high School/secodary certificate showing date of birth or lastly the Age certificate of Chief medical Officer.
Manish Singh
(Expert) 16 February 2009
in matters related to ascertaining age og a person in judicial proceedings, they need the actual age og the person which cant be ascertained by any document. those matters are solely dependants on the age of the person to determine quantum of punishment and alike (like under juvenile justice act)where difference of a single day can make a great change in applicabilty of laws so they determine the actaul age by reading DNAs or such methods by certified authority.
K.C.Suresh
(Expert) 16 February 2009
Rekha, your querry is answered gemnerally.
In run and marry cases even the girls age in documents show she is a mionor the court prefers the oscification test.But in rape case the document of school, local government, medical officer, certificate from the community unions, churches etc are admitted as prima facie evidence. If the accused wants to disprove it let it be so.
A. A. JOSE
(Expert) 16 February 2009
I am in agreement with all the above views in general but the view expressed by learned senior Suresh sir in particular.
PALNITKAR V.V.
(Expert) 16 February 2009
I would like to differ. Unless some provision of law makes a document conclusive proof of its contents, the contents can not be treated as conclusively proved whether it be school leaving certificate of Birth certificate issued by public authority.It all depends on facts of each case as to whether School leaving certificate should be relied upon or not. However, certificate issued by Public Authority is given more weight and is treated as more reliable. Even the oscificatin test is not accurate.
PALNITKAR V.V.
(Expert) 17 February 2009
Learned Experts are requested to frankly express themselves on my view. Please correct me if I am wrong.
arunprakaash.m.
(Expert) 17 February 2009
bith certificate is conclusive proof of age of a person.
PALNITKAR V.V.
(Expert) 17 February 2009
Under what provision of law a birth certificate is conclusive proof. Can Mr. Arunprakaash support his view with the help of any ruling or any other letter of law. I shall be highly obliged for that.
Abhishek
(Expert) 17 February 2009
well...i guess Mr. Palnitkar have a valid view...u must hav a luk at his view!!
Rekha.....
(Querist) 17 February 2009
Thank you very much for ur appreciation n u hv spare ur valuable time n made my query from confusion into confirmation .Thanks to all respected members of the Forum. U know what V young lawyers thinking abt this site? Whenever V are in controversy or V hv debate on some legal point V confidently announcing that V r going to take suggestions from the experts of the Forum as a last resort. So you all are our Legal Books.
