girl, PW3 Mr.Patil, who was working as headmaster in New English School where the victim girl was studying, has deposed that the school leaving certificate issued by their school shows the date of birth as 6.12.1994. However, in the cross-examination, PW3 Patil has admitted that as per the school leaving certificate of primary school, the date of birth of the victim girl was taken in the register and except the said leaving certificate of primary school, there is no other document like birth certificate showing the date of birth. The learned Sessions Judge has observed that admittedly in this case, the school leaving certificate of primary school is not on record on the basis of which the entry of birth date of the victim girl was taken either in the school leaving certificate or the school register of the secondary school. It is, however, pertinent to note that the complainant PW1 Sugra deposed that the birth of her daughter had taken place at Devdhar hospital at Chiplun but no birth certificate was produced. It has not even come on record on what basis, the date of birth of the victim girl was mentioned in the primary school record. Moreover, there is no evidence to show who made the entry in the register of the primary school or who gave the birth certificate in the primary school and on what basis the entry was made in the register of the Primary School. The Supreme Court in the case of Alamelu & anr. vs. State1 , held thus:
