Determination of Age -- School Register versus Oral Testimony -- Documentary evidence of age recorded in school register prevails over inconsistent oral testimony
(i) Protection of Children from Sexual Offences Act, 2012, S.2(1)(d) -- Determination of Age -- School Register versus Oral Testimony -- Date of birth recorded in a school Admission and Discharge Register carries greater evidentiary value than inconsistent oral testimony of the victim or parents. Absence of any application for correction of the recorded date of birth reinforces reliance on documentary evidence for determining minority. (ii) Evidence Act, 1872, S.45 -- DNA Evidence -- Plea of Break in Chain of Custody -- A conclusive DNA report cannot be discarded on a general plea regarding break in chain of custody absent specific evidence of tampering, substitution or contamination of biological samples. Reliability of a properly sampled report stands unless quality control or quality assurance is shown to be absent. (iii) Protection of Children from Sexual Offences Act, 2012, S.6 -- DNA Evidence -- Scientific Proof of Paternity -- Once biological paternity of a child born to the victim is scientifically established through DNA report, the burden shifts upon the accused to furnish a plausible explanation for the circumstances of conception. A bald denial without explanation does not discharge this burden. (iv) Protection of Children from Sexual Offences Act, 2012, S.6 -- Sexual Offence Trial -- Corroboration of Victim Testimony -- Necessity of corroboration of victim testimony is a matter of prudence and not a rule of law essential for conviction. Minor contradictions in testimony do not erode the core prosecution case where independent medical and scientific evidence corroborates the allegation.
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