The Allahabad High Court has held the medical evidence of age of a person cannot be discarded on the basis of date of birth on educational documents, unless it is so recorded on birth certificate issued by a competent authority like a civic body or a hospital. Making the observation, a division bench of justices Ajai Lamba and Dinesh Kumar Singh of the Lucknow bench quashed an FIR lodged by a man against his sister’s husband and in-laws. In the FIR lodged with the Tikunia police station in Lakhimpur on July 8 last year, the man alleged the accused kidnapped his sister, who was a minor according to her school transfer certificate. The husband, however, pleaded the girl willingly married him and as such the FIR should be quashed. He also produced medical evidence of her age according to which she was above 20 years. Opposing the plea, the state lawyer submitted that since as per school transfer certificate, the girl was a minor hence the FIR could not be set aside.
Considering the girl’s statement recorded under section 164 of CrPC in which she stated she went out of her own free will and that no one kidnapped her, the court quashed the FIR. Passing the order, the court held that medical proof of age cannot be negated on the basis of school certificate unless the latter was based on the age mentioned in the hospital or municipal documents. The court observed that since the prosecution could not produce evidence that her school age was based on the municipal or hospital documents, the credence has to be given to the medical proof of age and quashed the FIR.