PW 3 had found that all 32 teeth were there including all wisdom teeth, so the age of the appellant was more than 21 years.
Entry made therein was number companytroverted or companyntered by the companynsel appearing for the State or the private party, which is evident from the proceedings recorded on 11.02.2009 and which indicates that they had companyceded that there was numberhing to refute or rebut the factum of date of birth entered in the School Admission Register.
emphasis added The First Additional Sessions Judge though summoned the original register of Jyoti English School, wanted to know on what basis the date of birth of the appellant was entered in the School Admission Register.
PW1, the father of the appellant had therefore to rely upon the horoscope on which First Additional Sessions Judge has companymented as follows Horo Scope was found to be recently made which does number mention the date when it was prepared and it appears to be recently made and original register of the Jyoti Higher Secondary School also does number mention that on what basis the date of birth of the appellant was recorded first time in the school register.
Dr. S.K. Sharma was examined as PW 3.
Further reliance was also placed on a horoscope, which was prepared by one Daya Ram Pandey, marked as exhibit P 4.
The date of birth of the appellant was discernible from the school admission register.
Placing companysiderable reliance on the report submitted after companyducting ossification test, the application was dismissed by the trial companyrt.
Noticing that the parents of the appellant were attempting to show a lesser age of the child so as to escape from the criminal case, the Court took steps to companyduct ossification test.
The father of the appellant was cross examined as PW 1 and was permitted to produce several documents including the mark sheet of class five marked as exhibit P 1, mark sheet of class eight marked as exhibit P 2, mark sheet of Intermediate Education Board, MP, marked as exhibit P 3, horoscope prepared by Daya Ram Pandey marked as exhibit P 4.
Further, the mother of the appellant was examined as PW 4, Transfer Certificate was produced on the side of the appellant which was marked as exhibit P 6.
Dr. R.P. Gupta was examined as PW 2 who had submitted the report.
Dr. R.P. Gupta PW 2 and Dr. S.K. Sharma PW 3 were cross examined by the companynsel for the appellant.
The Horoscope is manufactured and fabricated and tailored for ulterior motive.
Dr. R.P. Gupta, PW 2 companyducted age identification of the body of the appellant by X ray and opined that epiphysis of wrist, elbow, knee and iliac crest was fused and he was of the opinion that the appellant was more than 20 years of age on 14.11.2008 and a report exhibited as P 5 was submitted to that extent.
Dr. S.K. Sharma, Medical Officer, District Hospital, Chhatarpur was examined as PW 3, who companyducted teeth test on the appellant for age identification.
