victim (PW-2) has deposed that date of birth of his child (victim) is 28.10.2014 and he has submitted the birth certificate of the victim, issued by Nagar Nigam, Raipur before the Police, which is marked as Article-A/1, which was seized from him vide seizure memo Ex-P/6 and the same has been proved by Sub Inspector LS Thakur (PW-9) and witnessed by Vikas Joshi(PW-8). During deposition, the minor victim herself has stated her age as 04 years. Even elder brother of victim’s father Sanjay Sharma (PW-4) has also deposed that age of his younger brother’s daughter(victim) is about 04 years at the time of the incident. Dr. (Ku.) Snehlata Sahu (PW-3), who examined the victim, in her report (Ex-P/7) has mentioned the age of the victim as 04 years. The statement of the father of the victim, victim herself, uncle of the victim, birth certificate (Article A/1) and medical report of the doctor (Ex-P/7) and other facts, as has been mentioned above in respect of age of the victim, i.e. 04 years at the time of the incident, has not been challenged by the appellant/accused, therefore, there is no reason to disbelieve the date of birth of the victim, as 28.10.2014 hence, the trial Court has rightly held that the date of birth of the victim is 28.10.2014 and on the date of incident, she was minor and her age was 04 years 02 months and 28 days.
