MD. ILIYAS @ ILIYAS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The appellant/Md. Iliyas @ Iliyas has been convicted under Section 376 of the Indian Penal Code (in short the I.P.C.) and has been sentenced to undergo rigorous imprisonment for ten (10) years without remission, to pay a fine of Rs. 20,000/- and in default of payment of fine to further suffer rigorous imprisonment for one (1) year. He has additionally been convicted under Section 323 of I.P.C. and has been sentenced to undergo rigorous imprisonment for one (1) year. The aforesaid judgment of conviction and order of Patna High Court CR. APP (SJ) No.1138 o f 2016 dt.11-07-2018 sentence are dated 16.09.2016 and 20.09.2016 respectively, passed by the learned Additional District and Sessions Judge-I, Kishanganj in Sessions Trial No. 601 of 2006.

(2.) The conviction of the appellant is based solely on the testimony of the prosecutrix (P.W. 6), who has stated that after the rape, she married the appellant and had been living as his wife. The other witnesses have been declared hostile.

(3.) While addressing this Court in appeal, learned Advocate for the appellant has drew the attention of this Court to certain documents demonstrating the juvenility of the appellant at the time of the occurrence. A transfer certificate issued by a Madarsa declares the age of the appellant as 01.01.1996. The AADHAR card of the appellant also describes his age as 01.01.1996. If this is the correct age of the appellant, he was merely eight (8) years old at the time of the occurrence.