Birka Shiva vs State Of Telangana 2025 INSC 863 - S.35 Evidence Act - Entry Made In Official Register - S.375 IPC - Rape
Indian Evidence Act 1872 - Section 35 - The evidentiary value of such an entry made in public or official registers may be admissible in evidence under Section 35 of the Indian Evidence Act, 18727. However, admissibility is distinct from probative value. While such documents may be admitted into evidence, their evidentiary weight depends on proof of their authenticity and the source of the underlying information. Mere production and marking of a document as exhibited by the Court does not amount to proof of its contents. Its execution has to be proved by leading substantive evidence, that is, by the ‘evidence of those persons who can vouchsafe for the truth of the facts in issue' (para 8) [Context: In this case, prosecution relied on birth certificate issued by a school to establish that the victim was below the age of sixteen years on the date of the alleged offence - SC observed: here is nothing on record to corroborate the date of birth of the victim as recorded in the birth certificate (Ex.P11) issued by the school. Therefore, it cannot be relied upon to definitely determine the age of the victim and held with certainty that the victim was below sixteen/eighteen years of age.
Indian Penal Code 1860 - Section 375,376- Conviction for rape can be sustained solely on the testimony of the prosecutrix/victim, provided that her evidence inspires confidence in the mind of the Court and appears to be natural and truthful. However, if the version given by the prosecutrix is inconsistent, unsupported by any medical evidence, or the whole surrounding - The absence of consent is the sine qua non to sustain a charge under Section 376. (Para 18-19)
Criminal Trial - Courts of law cannot make a determination of guilt in thin air, based on estimations. (Para 12)
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