🏛️ DELHI HIGH COURT
• Criminal Law Rape and Kidnapping determination of Age Appeal against Order of Acquittal As per Rule 12 of the Juvenile Justice (Care and Protection of Children) Rules 2007 provides that in every case concerning a child the age determination enquiry shall be conducted by the Court by seeking evidence by obtaining; the matriculation or equivalent certificate if available, in the absence whereof the date of birth certificate from the school first attended, in the absence whereof the birth certificate given by corporation or a municipal authority or a panchayat, and in the absence of either of these three certificates the medical opinion from a duly constituted Medical Board. As noted above in the present case the certificate exhibited vide Ex.PW-6/B does not fall in any of the three categories and there is no opinion of the Medical Board with regard to age as well. Even treating the grade sheet-cum-certificate of performance to be a mark sheet and valid certificate however the same is based on the affidavit of the father. — Evidence necessary for the purpose of determining the age should be more than an affidavit. In the present case as noted above the entry in the grade sheet was based on the affidavit of the father and thus it can be safely held that the prosecution failed to prove that the prosecutrix was a child below the age of 16 years on the date of alleged offence. — Absence of any sexual intercourse having been committed and the age of the prosecutrix having not proved to be below 16 years Appeal Dismissed_