Age of the prosecutrix - Birth certificate by a competent authority holds higher evidentiary value than a school certificate

Supreme Court Upholds Kuldip Singh's Conviction for Rape and Kidnapping Birth Certificate Triumphs Over School Records in Establishing Age of Victim

In a significant ruling, the Supreme Court of India upheld the conviction of Kuldip Singh in the case of kidnapping and rape, affirming the evidentiary superiority of a birth certificate over a school admission certificate in determining the age of the victim. The bench, comprising Justices Prashant Kumar Mishra and Vipul M. Pancholi, delivered the judgment on December 4, 2025, in Criminal Appeal No. 2169 of 2014.

The appellant, Kuldip Singh, had been convicted by the Additional Sessions Judge, Jalandhar, for offenses under Sections 366 and 376 of the Indian Penal Code, 1860 (IPC), and sentenced to rigorous imprisonment for seven years for the rape charge and six months for kidnapping. The conviction was challenged in the High Court of Punjab and Haryana, which upheld the trial court's decision, leading to the present appeal in the Supreme Court.

Central to the case was the determination of the prosecutrix's age, as the appellant argued that the victim was over 16 years of age at the time of the incident, based on her school certificate. However, the Supreme Court emphasized the importance of the birth certificate issued by the Additional District Registrar, Birth and Death, Jalandhar, which established the prosecutrix's birth date as November 28, 1977, making her under 16 at the time of the incident. The court noted that the birth certificate, being an official document, held higher evidentiary value compared to the school certificate, which lacked corroborative testimony regarding the source of the age entry.

The court also addressed the issue of consent, deeming it irrelevant given the prosecutrix's age. Furthermore, the presence of smegma on the appellant's penis was discussed, but the court dismissed it as conclusive evidence against intercourse, referencing medical jurisprudence which states that mere penetration constitutes rape under the law.

The appellant's plea for a reduced sentence, considering the passage of time and his current life circumstances, was rejected. The court maintained the mandatory minimum sentence of seven years for the offense, as prescribed at the time of the crime.

In conclusion, the Supreme Court dismissed the appeal, directing the appellant, currently on bail, to surrender within four weeks, failing which he will be taken into custody to serve his sentence.

Bottom Line:

Conviction under Section 376 IPC upheld based on the birth certificate issued by a competent authority, which holds higher evidentiary value than a school certificate for determining the age of the prosecutrix.

Statutory provisions: Indian Penal Code, 1860 Sections 366, 376

Kuldip Singh v. State of Punjab, (SC) : Law Finder Doc Id # 2819877