Point of Law: It is well settled that a prosecutrix complaining of having been a victim of offence of rape is not an accomplice after crime.

JUDGMENT :

(Kardak Ete, J.) :

1. Heard Mr. N. Barman, learned counsel for the appellant. Also heard Mr. D. Das, learned Addl. PP as well as Ms. N. Mili, learned counsel for the informant.

2. This appeal has been preferred by the appellant against the judgment and order dated 20.02.2020, passed by the learned Court of Special Judge, Nalbari in Special (P) Case No. 22/2019 whereby the appellant has been convicted under section 376(AB) of Indian Penal Code read with Section 6 of the POCSO Act and sentenced to undergo rigorous imprisonment for life with fine of Rs. 10,000/- and in default, to undergo simple imprisonment for 6 (six) months.

3. The case of the prosecution, in brief, is that the informant (PW-2) Parijat Das lodged an ejahar on 22.02.2019 stating that on 20.02.2019 at around 4:00 pm, the accused person Sirish Das called her daughter (victim) aged about 10 years, from outside to his room and after removing her clothes had raped her. The victim girl came back to her home and narrated the incident. On receipt of ejahar, the I/C Kamarkuchi Outpost made Kamarkuchi OP GD entry No. 412 dated 22.02.2019 and recorded the statement of informant and witness at the Kamarkuchi outpost and sent victim girl to SMK Civil Hospital, Nalbari for medical examination and visited the place of occurrence, drew sketch map of the place of occurrence, recorded statement of witnesses and seized some items, made search for the accused persons, but the accused was not found. The In-Charge of Kamarkuchi outpost sent the ejahar to the Officer-in-Charge, Nalbari Police Station.

4. On receipt of ejahar, Officer-in-Charge, Nalbari PS registered FIR being Nalbari PS case no. 124/19 under section 376 IPC read with Section- 4 of the POCSO Act. Investigating Officer visited the house of informant again and recorded the statement of victim girl and produced the victim girl before the Court to record her statement under section 164 Cr.PC and seized one birth certificate of the victim girl and recorded statement of the witnesses. Thereafter, I/O collected the medical report of victim and after completion of investigation submitted the charge-sheet against the accused Sirish Das under section 376 IPC and Section 4 of the POCSO Act on 23.05.2019.

5. On receipt of the charge sheet, cognisance was taken, the accused surrendered before the Court. Thereafter, copies of the charge-sheet were furnished to the accused. Accordingly, charges were framed against the accused Sirish Das under section 376(AB) IPC and section 6 of the POCSO Act and the charges were read over and explained to the accused, to which he pleaded not guilty and claimed to be tried.

6. During the course of trial, the prosecution examined in all 10 witnesses including the Medical Officer and Investigating Officers of the case and exhibited 9 (nine) numbers of documents viz., Ext.1- Statement of victim recorded under section 164 Cr.PC; Ext.2- Ejahar; Ext.3- Seizure list of birth certificate; Ext.4- Seizure list of wearing apparels of victim; Ext.5- Medical report; Ext.6- Laboratory report; Ext.7- X-ray report; Ext.8- Sketch map of the place of occurrence; Ext.9- Charge-sheet. After closure of the evidence of the prosecution, statement of the accused Sirish Das was recorded under section 313 Cr.PC wherein the accused plea is of total denial and adduced evidence of himself and Taizuddin Ahmed in support of his defence plea.

7. After consideration and scrutiny of the evidences and the materials available on record, the learned Special Judge concluded that the prosecution was fairly able to bring home the charges under section 376(AB) and charges under Section 6 of POCSO Act against the accused Sirish Das beyond reasonable doubt and accordingly convicted and sentenced the accused Sirish Das as aforesaid.

8. Mr. N. Barman, learned counsel for the appellant submits that the victim had given contradictory statements during her deposition regarding disclosing of the incident. In her statements recorded under Section