Correct Date of Birth - School Records have more Probative value than the Horosocpe and other records - 2015-S.C.(2005) MSKLAW REPORTS 22
in respect of date of birth, school records have more probative value.
In terms of Section 32, clause 5 of the Indian Evidence Act, 1872 (in short the 'Evidence Act'), the evidentiary value of a horoscope has to be considered. No evidence was led by the respondent to prove authenticity of the same. In any event the same was not to be given primacy over the school leaving certificate. It was not shown as to how the entry therein was wrong. The onus was on the respondent to prove that the same was not correct, which was not discharged. Two photostat copies of the school leaving certificate were produced before the enquiry officer. He compared them and found that even to naked eye change of figure "31" to "34" was visible. Interestingly in the said copies the date of birth was indicated even after the change to be 25.11.1934 and not 1.10.1934 as claimed.
Horoscope is a very weak piece of material to prove age of a person. In most cases, the maker of it may not be available to prove that it was made immediately after the birth. A heavy onus lies on the person who wants to press it into service to prove its authenticity.
In fact, a horoscope to be treated as evidence in terms of Section 32 Clause (5) must be proved to have been made by a person having special means of knowledge as regards authenticity of a date, time etc.
mentioned therein. In that context horoscopes have been held to be inadmissible in proof of age.