The court's decision emphasized the importance of evidence in determining juvenility and upheld the conviction under Section 376 of the IPC.

ASHUTOSH KUMAR, J.

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 sentence are dated 16.09.2016 and 20.09.2016 respectively, passed by the learned Additional District & Sessions Judge-I, Kishanganj in Sessions Trial No. 601 of 2006, arising out of Bahadurganj P.S. Case No. 123 of 2004.

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.

4. This does not at all appear to be a correct disclosure of the age of the appellant.

5. Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (in short the Act), which is applicable to the facts of the present case, reads as hereunder:-

7-A. Procedure to be followed when claim of juvenility is raised before any Court.-(1) Whenever a claim of juvenility is raised before any Court or a Court is of the opinion that an accused person was a juvenile on the date of commission of the offence, the Court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) so as to determine the age of such person, and shall record a finding whether the person is a juvenile or a child or not, stating his age as nearly as may be:

Provided that a claim of juvenility may be raised before any Court and it shall be recognised at any stage, even after final disposal of the case, and such claim shall be determined in terms of the provisions contained in this Act and the rules made there under, even if the juvenile has ceased to be so on or before the date of commencement of this Act.

(2) If the Court finds a person to be a juvenile on the date of commission of the offence under sub-section (1), it shall forward the juvenile to the Board for passing appropriate order, and the sentence, if any, passed by a Court shall be deemed to have no effect.

6. The provisions of aforesaid section under the Act provides that if a Court is of the opinion that the accused was a juvenile on the date of the commission of the offence, he shall make an inquiry and take such evidence, as may be necessary, so as to determine the age of such person and shall record a finding to that effect. The aforesaid plea of juvenility could be raised before any Court and would be recognised at any stage, even after the final disposal of the case, and such claim would be determined in terms of the provisions contained in the Act and the Rules made there under, even if the juvenile has ceased to be so on or before the date of commencement of the Act.

7. Prima facie, the disclosure of the appellant does not appear to be correct. The nature of accusation and the age of the victim girl completely belie the assertion of the appellant. The victim has stated her age to be less than 18 years on the date when she was first subjected to rape. After about three years of the occurrence, she had deposed before the Trial Court and at that time, she has stated her age to be 22 years. Whateve