Kanwaljit Singh Ahluwalia, J.

There is a dispute regarding age of the prosecutrix (name withheld to protect her identity). For committing rape and offence under the provisions of Protection of Children from Sexual Offences Act (hereinafter called as 'POCSO Act'), the investigating agency has sent petitioner as accused for abovesaid offences.

2. Victim, as per admission form of year 2004 took admission in the Nursery Class in Lawrence Day Public School and her date of birth is recorded therein as 30.8.2001.In Lawrence Day Public School, the victim studied from Nursery Class to Eighth standard and later appeared in the matriculation examination. In the matriculation examination certificate, the age of the victim is recorded as 30.8.2001.

3. At the behest of the petitioner, it was urged that the prosecutrix earlier had taken admission in Taramani National Public School, wherein she studied only for one year and thereafter, left the studies. The certificate of Taramani National Public School says that the victim between the year 2001 to 2002 took admission in Nursery Class and in the record of said school date of birth of victim is recorded as 14.5.1997.

4. Thus, two disputed quest