JUDGMENT :

Heard Mr. N. Ratan, learned Amicus Curiae appearing for the accused/appellant and Mr. J. Tsering, learned Public Prosecutor for the State of Arunachal Pradesh.

2. This Jail appeal under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment & order dated 29.01.2020, passed by the learned Sessions Court at Tezu, in Session Case No.28(LDV)/2018(State Vs. Otul Borgohain), sentencing the accused/appellant to undergo an imprisonment for a term of 6(six) years for the offence held to be committed under Section 376 of the Indian Penal Code.

3. The case of the prosecution, briefly stated, are as follows:

(i) An FIR dated 30.04.2018 was lodged by the husband of the victim before the Officer-in-Charge, Roing Police Station, informing that on 30.04.2018 at around 3.00 PM, while his wife(victim) went to Kangkong Pathar for bringing their cows; suddenly, the accused committed rape on the victim forcefully by blocking her mouth and brutally beaten her.

(ii) The aforesaid FIR was received on 01.05.2018, and the Roing P.S. Case No.19/2018, under Sectio