STATE OF ARUNACHAL PRADESH Vs. DEEPAK KUMARI GOALA

JUDGEMENT

(1.) This is a reference under Section 30 (1) of the Assam Frontier Administration of Justice Regulation, 1945 for confirmation of sentence. The accused was charged and tried for offence punishable under Section 376 IPC. The trial court found him guilty of the charge and sentenced him to undergo 10 years rigorous imprisonment. It may be noted that although no charge as such has been framed under Section 366 (A) IPC, yet the accused has been found to be guilty of the offence punishable under Section 366A and Section 376 IPC. The charge as framed by the trial court reads as follows::

(2.) Prosecution case in brief was that - On llth November, 1988, on the eve of "DEOSRI FESTIVAL," the accused induced and allured a young minor girl Kumari Kalimaya, aged about 5 years who was playing in the verandah and took her to a nearby forest. After sometime she was allowed to go home where her family members noticed that she was bleeding from her private part. The matter was reported to police as per Ext. 1. The prosecutrix Kalimaya was taken to Hospital for medical check-up. She was examined by Doctor Thangal, P.W.-8, who opined that she had been raped. She was sent for further medical examination to the General Hospital at Pasighat, for determination of her age, she was found to be around 5 years of age. The accused was arrested and put: on trial. He pleaded not guilty to the charge.

(3.) Prosecution examined, as many as, 9 witnesses including the victim to prove the charge. So far as the prosecutrix is concerned, the trial court has observed- "she has neither squarely implicated the accused. On the other hand she has not given any explanation of the injuries or commission of any act which the defence may utilise to exculpate the accused." According to the learned trial Judge, the prosecution case hinges on circumstantial evidence.