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10.5.2005, and PW-9 Pawan Kumar, to prove birth certificate of victim Ex.

PW-9/A, issued under Section 12/17 of Registration of Births Act, 1969 and Rule 8/15 of H.P. Registration of Birth and Death Rules, 2003, indicating the date of birth of victim as 10.5.2005.

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5. In the aforesaid backdrop this application has been filed with submission that when case was being prepared for final arguments by rt State counsel, it transpired that prosecution had not proved the date of birth of victim from School record because when occurrence took place, the victim was studying in 10th Class in HIM Academy Public School, Vikasnagar, Hamirpur and she had not passed her Matriculation and thus Matriculation Certificate of the victim was not in existence, and on inquiry from Women Police Station Hamirpur it transpired that victim passed her Matriculation examination in the year 2021 and Matriculation Certificate of the victim had been issued thereafter on 3.8.2021. Further that copy of Matriculation Certificate received now indicates that date of birth of victim has been recorded in the said certificate as 10.5.2005.

6. In has been submitted that State intended to prove age of victim by producing Matriculation Certificate and School record by re-

examining PW-20 victim and for examining Record Keeper/Office 4 2025:HHC:44770 Superintendent of the concerned School, production of Matriculation .

Certificate of victim alongwith School record related thereto.

7. It has been submitted on behalf of State that Matriculation Certificate and School record related thereto is very relevant to prove that prosecutix was Class 10th Student in the academic session 2020-2021 of and appeared in the Matriculation examination after the incident and also to substantiate that her date of birth is 10.5.2006 as proved under rt Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'J.J. Act').

8. It has been further submitted on behalf of State that Matriculation Certificate could not be produced at it was not in existence at the time of incident as well as investigation and thus the non-

production of Matriculation Certificate was neither intentional nor deliberate, but beyond the control of prosecution. Whereas, prosecution has proved the date of birth of victim as 10.5.2005 by examining PW-3 Ashok Kumar and PW-9 Pawan Kumar by producing Parivar Register entries of family of victim Ex. PW-3/B and birth certificate of the victim Ex.