N. Chaudhury, J.

1. This is a criminal appeal against conviction under Section 374 of the Code of Criminal Procedure challenging judgment and order dated 31.1.2013 and 5.2.2013 passed by learned Addl. District and Sessions Judge-IV, Aizawl in Crl. Tr. No. 1720/2010 under Sections 376/325 IPC. The prosecution story is that one H. Lalhlupuia lodged ejahar with the officer-in-charge of Bawngkawn Police Station, Aizawl on 7.7.2010 at around 12:35 a.m. alleging that on 6.7.2010 at around 11:00 p.m., his younger sister-in-law was raped by Lalnunsiama (appellant herein) in a City Bus bearing Registration No. MZ 01 6886. On the basis of the said ejahar GD entry No. 172/2010 at 12:35 a.m. was registered and investigation started. The Police arrested the accused in the same night within few hours and thereafter submitted chargesheet on completion of investigation.

2. The learned Addl. District and Sessions Judge, Aizawl to whose Court the case was transferred after it was committed, framed charges against the appellant on two grounds. First, commission of rape on the victim on 6.7.2010 at 11 p.m. inside City Bus bearing registration No. MZ 01-6886 at Zuangtui, Muanna Veng, Aizawl and secondly, for causing grievous hurt to the victim under Section 325 IPC. The point for determination before the learned Sessions Judge was whether the accused committed rape on the victim and whether he caused grievous injuries on her person to materialize his lust for committing rape while she was going alone in the bus of which he was the driver.

3. To prove the charges prosecution examined as many as 6 witnesses including I.O. and M.O. while defence examined one witness.

4. PW 1 in deposed in course of trial that on 6.7.2010 at about 11 p.m., he received a phone call from his sister-in-law, the prosecutrix informing that she had arrived at Thuampui from Silchar asking him, as to whether he was in a position to pick her up from the Thuampui stand. Initially, the PW 1 told her that she could herself come by hiring a taxi, as he did not have any means of communication of his own but in the meantime, one of his friends Marova arrived and so he requested and rather persuaded Marova to take him to the taxi stand in his Maruti car. When they reached Thuampui junction near Zuangtui they found that the bus was coming towards them and he heard the prosecutrix shouting to him from inside the bus. She told her from inside bus to go back as she had already boarded in the bus and accordingly, he went back home only to find that the bus did not reach in front of their house. Even after waiting for sometime the prosecutrix was not seen in their house. This made them suspicious and he along with his wife proceeded towards the bus stop which was near their house when they saw that the bus was coming back. Then his wife entered the bus and immediately started screaming and called the PW 1. He at once went inside and found that the prosecutrix was lying down on the floor of the bus with bleeding injuries over her body. She did not respond on being asked but on being vigorously shaken she stated that the appellant had assaulted her. The appellant was sitting in the driving seat at that time. On a hue and cry being raised, people assembled when the appellant escaped. Thereafter, FIR was lodged with the police and finally police arrested him at night from the TNT camp. The victim was also taken to hospital where she was examined.

5. PW 2 the sister of the victim who is also the wife of PW 1 stated in the same breath as did her husband. Only difference in her statement is that when she first entered into the bus, she found her sister in a pool of blood but sitting on the floor of the bus leaning against the chair of the bus. The driver was still then sitting in the driving seat. She claimed to have held her sister. By that time the neighbors had also assembled. Then police came and after conducting some formalities the victim was taken to hospital by police and she stayed in