- (1.) Present appeal has been filed under Section 374(2) Cr.P.C. challenging the judgment dated 8 th August, 2011 and order on sentence dated 17 th August, 2011 passed by learned Additional Sessions Judge-04, Saket Courts, New Delhi whereby the appellant has been convicted for offence punishable under Sections 366/376 IPC and sentenced to seven years rigorous imprisonment with a fine of Rs. 6,000/-.
(2.) The relevant facts of the present case are that on 27 th June, 2004, Mr. Akbar Ali lodged a complaint with police station Okhla Industrial Area stating that his daughter who had gone to school to appear in her compartment examination on 22 nd June, 2004 had not returned home. Accordingly, police registered an FIR under Section 363 IPC.
(3.) Subsequently, during investigation police apprehended both prosecutrix and appellant-accused at the instance of mother of the prosecutrix. The prosecutrix was produced for medical examination and her statement was recorded under Section 164 Cr.P.C. It is pertinent to mention that the prosecutrix in her statement to the police as well as to the doctor and the Metropolitan Magistrate under Section 164 Cr.P.C. stated that she had married the accused-appellant in a temple and thereafter she had willingly had sexual intercourse with the appellant-accused. Since there was a dispute with regard to the age of the prosecutrix, an ossification test was conducted which opined that her age at the time of incident was between 14.9 and 15.8 years.;