BASANT SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The challenge in this appeal is against the order dated 10th February, 2014 passed by the High Court of Judicature at Patna in Criminal Appeal No.245 of 2002 by which the conviction of the appellant under Section 376 of the Indian Penal Code, 1860 has been maintained and the sentence imposed by the trial Court to undergo rigorous imprisonment for 10 years has been reduced to a period of 7 years by the High Court. The accused appellant admittedly is in custody for over two years.

(3.) The only issue agitated before us is that on the date of the occurrence i.e. 6th March, 1999 the appellant was a juvenile as his date of birth recorded in the admit card issued by the Bihar School Examination Board, Patna for the Annual Secondary School Examination-1997 is 20th November, 1981.