JUDGMENT :

Heard Mr. Y.S. Mannan, learned counsel for the appellants and also heard Mr. N.N.B. Choudhury, learned P.P. for the State of Arunachal Pradesh.

2. This appeal, under section 374[2] of the Code of Criminal Procedure is directed against the judgment and order dated 10.08.2015, passed by the learned Sessions Judge, Tezu in Sessions Case No. 07[L]/2013, under section 376[2][g] IPC. It is to be noted here that vide impugned judgment and order the learned court below has convicted the appellants, namely Khirod Saikia and Sri Mandeep Deuri, under section 376[2][g] IPC and sentenced them to suffer rigorous imprisonment for 10 years and also to pay a fine of Rs. 25,000/- with default stipulation.

3. The factual background leading to filing of the present appeal is briefly stated as under:-

“On 23.08.2019, at about 15:00 hours, the informant Smti X, ‘name withheld’, hereinafter prosecutrix, lodged an FIR with the Officer In-Charge Mahadevpur P.S. alleging inter alia amongst other that on 31.07.2009, she and her friends were invited for a birthday party by Shri Ramakanta Deori and Mandeep Deori, to be held on 02.08.2009, on the river bank of Noadihing river, of Mahadevpur. Accordingly, the prosecutrix, along with two other girls, namely Smti. ‘Y’ (name withheld) and Smti. ‘Z’ (name withheld) went to attend a party. While they reach the spot, they were informed that it was a celebration of friendship day, not of the birthday party and there they have found altogether seven boys, namely Shri Jitu B.K. Deori, Thumpteen Bapu, David B.K. Deori,, Dhan Bahadur Chetry, Khirod Saikia, Ramakanta Deori and Mandeep Deori. During the party, the boys made them to take beer and wine and made them drunk. After sometime, Thumting Bapu, Sri Dhanbahadur Chetri took away Smti. ‘Z’ to the other side of the river. Thereafter, Smti. ‘Y’ was taken away by other boys. And thereafter, Khirod Saikia, Mandeep Deori, Ramakanta Saikia and another boy undressed the prosecutrix. She then cried and shouted for help. But, the boys covered her mouth with hand and committed gang rape upon her one by one, and also recorded the video of the same in their mobiles. She was about to report the matter to her elders and to the administration, but, the guardians of her two friends requested her not to disclose the matter. But, when the video was made viral she had lodged the FIR.

Upon the said FIR the O/C of Mahadevpur P.S. registered Mahadevpur P.S. Case No. 11/2009, under section 376[2][g] IPC read with section 67[A] of IT Act 2000, and himself investigated the same. During the investigation he has visited the place of occurrence and examined the witnesses, got the victim examined by Doctor and collected the report and also arrested the accused and forwarded them to the court and also got their confessional statement recorded in the court. The I.O. also got the statement of the victim girl recorded in the court under section 164 Cr.P.C. Then on completion of investigation, the IO laid charge sheet against the present appellants, along with 2 juveniles, namely, David Bikomia Deuri and Ramakanta Deuri, to stand trial in the court under the aforesaid sections of law.

On commitment of the case, the learned Sessions Judge, Tezu after hearing learned Advocates of both the parties, framed charge against both the appellants under section 376[2][g] of the IPC read with section 67[A] of the IT Act and on being read and explained over the appellants pleaded not guilty to the same. Thereafter, the learned court below has examined as many as 7 witnesses, including M.O. and I.O. and thereafter, examined the appellants under section 313 Cr.P.C. Thereafter, hearing arguments of learned Advocates of both the parties, convicted both the appellants under section 376[2][g] of the IPC and sentenced them that as aforesaid. However, the learned court below has acquitted the appellants of the offence under section 67[A] of the IT Act.”

4. Being highly aggrieved the appellants preferred this appeal