accused would submit that as per case of the prosecution, date of birth of prosecutrix is 25-11-2004 and date of incident is 15-52019, thus on the date of incident, she was minor, but to substantiate this fact, prosecution has not adduced any concrete and lawful evidence. It is further submitted that although, victim has stated in her deposition that her age is 16 years, but her father, who is an illiterate person, has stated that he could not tell date of birth of victim. The mother (P.W. 3) of victim also has not stated date of birth of victim. It is further submitted that as per school record/ Dakhil- Kharij register and birth certificate Article A-1 of victim, her date of birth is 25-112004, but nothing has been brought on record to prove the fact that on whose behest and on the basis of which document, aforesaid date of birth was mentioned on school record, particularly when parents of victim themselves are not able to state her date of birth, therefore proving of aforesaid fact as per Section 35 of the Evidence Act was necessarily required, which has not been proved in accordance with law. It is also submitted by learned counsel for accused that, although alleged birth certificate Article A-1 has been seized from victim herself vide seizure memo Ex. P-7, but that birth certificate itself shows that it was got prepared on 16-1-2017 i.e. 13- 14 years after alleged birth of victim. Therefore, birth certificate Article A-1 cannot be relied upon and in view of aforesaid facts, date of birth recorded
