MUNMUN MURA Vs. STATE OF A P

JUDGEMENT

(1.) Heard Ms. N. Anju, the learned Amicus Curiae and Ms. L. Hage, learned Addl. P.P. for the State of Arunachal Pradesh.

(2.) This appeal has been filed against the impugned judgment dated 28.06.2017, passed by the learned District and Sessions Judge, East Sessions Division, Tezu, in Session Case No. 83/(CLG)/2014, by which, the appellant has been convicted under Section 376(2)(f) of the IPC and sentenced to undergo rigorous imprisonment for a period of 14(fourteen) years, with a fine of Rs. 10,000/-, in default further imprisonment for 1(one) year.

(3.) The prosecution's case is that on 06.10.2012, at around 2100 hours, an F.I.R. was submitted by Smti Anita Rai, wife of Dhon Bhadur Rai of Nampong village to the Officer-inCharge APP(O.C), Jairampur, stating that her daughter had been raped by the appellant on 06.10.2012 at 1030 hours. On the basis of the complaint filed, Jairampur P.S Case No. 26/2012, under Section 376 IPC, was registered. The victim girl was examined by a medical Doctor on 06.10.2012. The investigation was then initiated and Charge-sheet was filed by the I.O. after finding a prima facie case under Section 376(2)(f) IPC, against the appellant. The appellant also made a confession under Section 164 Cr.P.C. before the Magistrate, First Class, Jairampur, Changlang District, wherein, he stated that he tried to rape the victim but the victim resisted.