JUDGMENT :

Arun Dev Choudhury, J.

1. Heard Mr. Sentiyanger, learned Legal Aid counsel for the appellant and Mr. K Wotsa, learned Public Prosecutor, State of Nagaland.

2. This appeal is directed against the judgment and conviction dated 12.06.2014 passed by the learned Sessions Judge, Mokokchung, Nagaland in GR Case No. 154/2013 wherein the present appellant was convicted under Section 376 (2)(f)(i) IPC and sentenced him to undergo RI for 10 (ten) years and to pay a fine of Rs. 1,000/-, in default of which the appellant was to undergo RI for 2 (two) months.

3. The facts of the case, briefly stated are that one N.S. Kichu, ASI of NKG-PS-II had lodged an ejahar before the Officer-in-Charge, PS-II, Mokokchung, Nagaland informing that on 01.12.2013 at 4.40 p.m. an information received through reliable source that a commotion was going on near AR Helipad area, Mokokchung. On the basis of the aforesaid information, the informant along with available police party rushed to the spot and one person namely, Yampangrepba was apprehended by the public on the ground that he had raped a minor girl on the evening of 30.11.2013. The aforesaid first information reveals that the accused was taken into custody police immediately. The victim as well as the accused persons were sent for medical examination. Accordingly, PS case No. 0045/2013 under Section 376(2)(f)(i) IPC was registered on 01.12.2013.

4. During the course of investigation, the I/O had recorded the statements of witnesses and the statement of the Victim and also took photographs of the place of occurrence.

5. The record reveals that the I/O recorded the statement of the mother of the victim, who had stated that on 30.11.2013 she had gone to help her sister in cutting fire wood. When she returned home, she had called the victim (name is withdrawn as the victim is a minor) for wash up and while doing so, her daughter, the victim had complained abdomen pain and when she checked she had seen blood spotting on her under garment. On enquiry the victim had revealed that she had been severely assaulted by the accused, namely, Yampangrepba.

6. The statement of the victim was recorded at her residence itself. According to the charge-sheet, the victim stated before the I/O that on 30.11.2013, while the victim was about to return back home after she had fetched some non-eatable meet, which her step father had forgotten to bring, she had met Yampangrepba at the pig firm. Thereafter the accused Yampangrepba took her inside the jungle with a promise to give her Rs. 10/-. Then the accused Yampangrepba had opened her pants and inserted his finger inside her vagina and also touched her vagina with his penis and the accused dropped her in her residence on his scooter.

7. It is the case of the I/O that during further investigation it was revealed that some other person(s) might also be involved in the committing of sexual assault upon the victim. Therefore, the I/O had deputed some reliable sources in and around the locality and got the information and apprehended the step father of the victim namely Limatoshi, (the present appellant) and according to the I/O, on examination the present appellant admitted that he had sexually assaulted his step daughter on three different occasions. Upon completion of the investigation, the I/O had submitted charge-sheet against the two accused, namely, Yampangrepba and Limatoshi under Section 376 (2)(f)(i) of the IPC.

8. The present accused appellant has been under custody, initially under police custody and thereafter under judicial custody. The record reveals that while the case was fixed on 28.05.2014 and the accused including the present appellant was produced from judicial custody for CC, the defense counsel of Limatoshi had applied for withdrawal of vakalatnama on the ground that the said counsel was not being a authorized or engaged for trial. On that date, the present appellant prayed before the learned Sessions Judge, Mokokchung for free legal aid, as he did not have