JUDGMENT

S.K. Sen, J. -This appeal is directed against the judgment and order passed by the Sessions Judge. Andaman & Nicobar Islands, Port Blair on 4th June, 1998 in Sessions Case No. 11 of 1993. The charge against the appellant was that the appellant being a class teacher in the Bengali Bustee in Teressa raped a minor Nicobaree tribal girl, a resident of Teressa Island in the Nicobar District.

2. The case of prosecution as appears from the said judgment of the Sessions Judge is that the accused Prasannah was a teacher in the Bengali Bustee in Teressa. The prosecutrix was a student of that school in Class IV. Accused Prasannah was the class teacher of the Prosecutrix/victim. While the victim used to go to the school, the accused would look her regularly. The victim also used to look the accused regularly. One day the accused told the victim to come to his house at night, which was at a distance of about 300 metres from the house of the victim. When the victim went to the house of the accused she was told by the accused that he loves the victim and he will marry her. With that assurance, he unclothed the victim and he unclothed himself also and thereafter committed sexual intercourse with that girl. Thereafter on several dates the victim was called by the accused in his house at night and he used to commit sexual intercourse with the victim with the assurance of marrying her. The victim indulged in committing sexual intercourse with the accused as the accused assured to marry her. The victim become pregnant for such act by the accused person. She stated to the accused about her pregnancy, but the accused gave her pieces of garments and told her to give those pieces of garments to an old lady and cause abortion and he refused to marry the victim. The victim however did not give the pieces of garments to the elderly woman and did not try to cause abortion as she wanted the child but she disclosed the fact to her mother and family members. Hearing that fact the mother of the victim and other members of the family became sorry and their family peace was disturbed. On 28-2-1991 at about 11.30 a.m. when the village first Captain Fistus (P.W.3) alongwith the second Captain Peter (P.W. 2) went to the house of James, the foster father of the victim where the victim used to reside with her mother, in course of their routine look and contact with the inhabitants of the village they found the victim (P.W.1) her mother and James in sorrow mood and were sitting under the platform of the house. On query they disclosed that the victim was carrying for about five months. The victim told them that her teacher Prasannah committed rape on her and as a result of which she was carrying. Thereafter the first captain and the second captain went to the police out post and the first captain lodged a complaint. The matter was informed to the SHO, Nancowry through wireless, who consulted with the Deputy Superintendent of Police. Car Nicobar as the age of the victim was not mentioned in the signal. Thereafter Nancowry P.S. Case No.9 of

1991 dated 2-3-1991 was started against this accused person Prasannah.

3. According to the instruction of Deputy Superintendent of Police, the SHO Nancowry P.S. Took up the investigation of the/case. On 4-3-1991 SHO. Nancowry P.S. reached Bengali Bustee in Teressa alongwith one Head Constable Ramakantan and started investigation. The victim handed over the cloth pieces to the I.O. which were seized by him under a seizure memo. He went to the house of the accused person, drew the sketch map with index. Thereafter he recorded the statement of the other witnesses on different dates. He arrested the accused person on 11-3-1991. On 12-3-1991 the victim and the accused were sent to Nancowry hospital for their medical examination. Both the victim and the accused were medically examined. The statements of the victim girl and other witnesses under section 164 of Code of Criminal Procedure were recorded by the learned Magistrate at P