STATE OF A P Vs. KIPA TAYU

JUDGEMENT

(1.) This reference and appeal arise out of the judgment dated 29.6.2012 in the Sessions Case No. 01(YPA)/2010, rendered by the learned Sessions Judge, West Sessions Division, Yupia, Arunachal Pradesh. By this judgment, the trial Court convicted the accused (appellant) under Section 376 (2)(f) and sentenced him to R.I. for 10 years and fine of Rs.10,000/- and in default of fine, , simple imprisonment for further 3 months. Considering that the sentence is fore more than 7 years, the Criminal Reference (H) 2/2012 is filed under Section 30(1) of the Assam Frontier (Administration of Justice) Regulation 1945 (hereinafter referred to as "the Regulation"), for confirmation of sentence.

(2.) We have heard Mr. P. Taffo, the learned Amicus Curiae representing the appellant. The State is represented by Mr. I. Basar, the learned Public Prosecutor.

(3.) According to the F.I.R. lodged by Kipa Kain (P.W.1) on 29.3.2009, the informant's minor sister aged about 5 years (hereinafter referred to as "the victim") was forcibly raped by the accused on the night of 28.3.2009. After receipt of the F.I.R., the Kimin P.S. Case No.4/2009 was registered under Section 376 of IPC and investigation was started by the O.C., Mr. M. Nyori (P.W.8). After the incident came to light, the fleeing accused was apprehended and tied up by the co-villagers. He was then arrested by the police and was charged under Section 376(2)(f) of IPC. The accused denied the charge and during the trial the prosecution presented 10 witnesses while the accused examined himself as the sole defence witness.