trial Court to establish the date of birth of the prosecutrix and no one examined to prove the birth certificate. Birth certificate is a basic and historic document to establish the date of birth of anyone. If the date of birth certificate is not available then it may be proved by school certificate. In the present case Smt. Manbai Dhruv (PW-4) who is the Headmistress of the Government Ambedkar Primary School, Nayapara, Mahasamund deposed in para 3 that she was not posted at the time when the prosecutrix admitted in the school. Again she stated that who brought the prosecutrix for admission is not mentioned in the school register. It is also not clear on what basis the date of birth of the prosecutrix is recorded in the school register. Dayaram Yadav (PW-6), father of the prosecutrix, did not state that he admitted the prosecutrix in the school. Therefore, the school certificate produced before the trial Court (Ex-P/6) is not proved by anyone who admitted the prosecutrix in the school or who recorded her date of birth. Moreover it is not recorded on the basis of any birth certificate and therefore, the date of birth recorded in the school is not proved as per the law.
