JUDGMENT :

Nani Tagia, J.

1. Heard Mr. Muk Pertin, learned senior counsel appearing on behalf of the appellant and Mr. J. Tsering, learned Public Prosecutor, appearing on behalf of the State of Arunachal Pradesh.

2. This criminal appeal u/s. 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment & order, dated 20.04.2018, passed in Sessions Case No. 05/2014(YPA) u/ss. 376(D)/376(2)(i)/307/506 of the Indian Penal Code read with Sections 4 & 10 of the POCSO Act (State Vs. Techi Tater & ors.) in Itanagar Women P.S. Case No. 82/2013 by the learned Sessions Judge, Yupia, West Sessions Division, convicting the accused Sri Techi Tater u/s. 376(D) of the IPC and sentencing him to undergo rigorous imprisonment for 20(twenty) years and to pay a fine of Rs. 5,000/-, with default stipulation.

3. The case of the prosecution, briefly stated, is, as under:

An FIR dated 16.12.2013 was lodged by the prosecutrix/informant before the Officer-in-charge of the Itanagar Women Police Station, stating, inter alia, that on 15.12.2013, the prosecutrix/informant received a call at around 8 PM from her friend Techi Tater from his Mobile No. 9402254057 asking her to come at Nyokum Lapang Market, Itanagar. When she went there, one of his friends stated to be Nabam, came on a motorcycle and forcefully took her towards Zoo area. Upon arriving at the Zoo area, at around 11 PM, he took her to a small OBT house comprising of 2 rooms where 3 other youths were present. She stated that initially Techi Tater raped her and thereafter, all the other 3 youths had raped her one after another. When the prosecutrix/informant raised objection, Techi Tater held her by her neck and strangulated her but one of the youths who appeared to be a non-tribal, saved her from further assault. She also stated in the FIR that thereafter, the others had beaten the youth who tried to save her and kept her confined in the room and thereafter, discussed amongst themselves, to kill her and dispose of her body, by telling that someone had given Rs. 30,000/- to kill her. They also threatened her with dire consequences if she discussed the matter to police or anybody else. She also disclosed that she did not lodge the FIR earlier as they threatened to kill her.

On the basis of the aforesaid FIR, Itanagar Women P.S. Case No. 82/2013 was registered u/ss. 376(D)/376(2)(i)/307/506 of the IPC read with Sections 4 & 10 of the POCSO Act.

During the course of investigation, the statement of the prosecutrix/informant was recorded under Section 164 of the CrPC, by the learned Judicial Magistrate, 2nd Class, Itanagar Capital Complex; on 19.12.2013. In the statement, the prosecutrix/informant had deposed that on 15.12.2013, she reached her elder sister's place at around 5 PM, at Nyokum Lapang. At around 8 PM, the accused Techi Tater who till that time, was known to the prosecutrix/informant as Tadar, called-up over her phone which was answered by her elder sister. When her sister had answered the phone call, the accused did not talk and disconnected the phone. He again called up and this time, the prosecutrix/informant picked up the phone and this time, the accused told her that there is a fellowship in his house and asked her to come and help him in preparation of tea as his sister was not available at home. The accused then told her that as he is feeling cold, he would be sending his younger brother to pick her up. Then his younger brother, who appeared to be much older, came and picked the prosecutrix/informant and took her to some place towards Zoo road and locked her up in a room where 4(four) other boys were present. They made her to dance with each one of them. When she refused to dance, they had said that she should enjoy it and forced her to dance with each one of them and took video. They also forced her to smile and laugh. Thereafter, they took her to Tadar @ Techi's room and raped her one after another. She tried to escape but she was locked in another room and again, she w