Selvaratnam Sivaneshan v. Attorney General – CA NO. 116/2008-2008

In Selvaratnam Sivaneshan v. Hon. Attorney General, the court addressed whether the prosecution established, beyond reasonable doubt, that the victim was under 16 years of age at the time of the alleged offence, as required by section 364(2)(e) of the Penal Code. It was held that the inconsistencies in the victim’s oral testimony regarding her birthdate did not undermine the reliability of documentary evidence, with the Birth Certificate and National Identity Card confirming the date of birth. The principle was reaffirmed that documentary evidence accepted without objection or cross-examination constitutes prima facie proof under section 10(1) of the Registration of Births and Deaths Act, as supported by established case law. The decision emphasizes the primacy of certified documentary evi