birth certificate disclosing the date of birth as 8th March, 1996 (Exhibit 12) and school record and admission form (Exhibit 50) disclosing the date of birth as 15th June, 1995. The incident has taken place on 3rd February, 2014. Thus, as per the birth certificate, she was 17 years and 11 months old and considering the date of birth in the school record, the victim was more than 18 years old on the date of occurence. However, the birth certificate stands in the name of Fatima and not in the name of prosecutrix. The statement to that effect giving explanation in respect of name was never recorded by the police. We rely on the provisions of Juvenile Justice (Care & Protection of Children) Rules 2007 under the said Act. Rule 12(3) it is specifically provides that only in the absence of alternate methods described under Rule 12(3)(a)(i) to (iii) the documents are to be given weightage and taken into account accordingly. The date of birth in the certificate issued by the school first attended is to be given preference to the birth certificate given by the Corporation. In the case of Mahadeo Karbe Maske (supra) , the Hon'ble Supreme Court has held that same yardstick can be rightly followed by the Courts for the purpose of ascertaining the age of victim as well.
