AIR 1970 GUJARAT 178

Gujarat High Court

Hon'ble Judge(s): J. B. Mehta, A. D. Desai , JJ

(A) Evidence Act (1 of 1872) , S.35— Entry of birth date in non-Government School's General Register under Statutory Rules - Entry admissible u/S.35 - However, its evidentiary value depends on other factors - Kidnapping case - Parents of girl not examined as to her age - Entry held could not be held to have proved the age. AIR 1961 Pat 21, Distinguished. Penal Code (45 of 1860) , S.366— Bombay Primary Education Rules (1949) , R.129, R.130— (Para 3) (B) Criminal P.C. (5 of 1898) , S.236, S.237, S.342— Accused charged u/S.361, Penal Code for kidnapping - On facts disclosed he could also have been charged u/S.366, Penal Code for abduction - Explanation u/S.342, Criminal P.C. also sought in connection with facts constituting offence u/S.366, I.P.C. - Age of victim not being proved, accused could be convicted for abduction u/S.366. Penal Code (45 of 1860) , S.361, S.366— AIR 1955 SC 574 at p. 576 and (1957) 58 Cr LJ 674 at p. 676 (Orissa), Dist.; AIR 1942 Bom 71 (FB) and AIR 1956 SC 116 and AIR 1965 SC 706, Foll. (Para 4) .....