LIKHA NEGA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. D. Mazumdar, learned senior counsel assisted by Mr. S. Biswas, learned counsel for the appellant. Also heard Ms. L. Hago, learned Additional Public Prosecutor for respondent No.1 and Ms. N. Danggen, learned Amicus Curiae appearing for respondent No.2.

(2.) The prosecution case in brief before the learned court below is that on 22/7/2021, FIR was received from the alleged victim girl with the allegations that the accused Likha Nega, who is her related brother, committed rape upon her since 2014-2015 when she was only 8 years old and repeatedly raped her until 16/6/2021. It is also alleged that the accused threatened to kill her if she discloses the matter to anyone. On the basis of the FIR, Woman P.S. Ziro Case No.05/2021 was registered under Sec. 506/376AB/376(2)(n) IPC read with Sec. 6 of the POCSO Act and investigation started. After completion of investigation, the investigating officer upon finding sufficient materials submitted charge sheet against the accused under Sec. 506/376AB/376(2) (n) IPC, read with Sec. 6 of the POCSO Act. Subsequently, the learned trial court was pleased to frame charges against the accused under Sec. 6 of the POCSO Act, 2012 read with Ss. 376AB/376(2)(n)/506 IPC. The charge upon being denied by the accused led to commencement of trial.

(3.) During the trial before the Learned Court below, the prosecution examined nine witnesses, including the victim, who was also the informant, investigating officer, medical officer, and other witnesses. After the prosecution evidence, the accused was examined under Sec. 313 Cr.P.C. From the side of the accused, he examined as many as seven witnesses, including himself as DW5. The court also summoned two court witnesses, who were examined as CW1 and CW2.