The burden of proof lies with the prosecution to establish the elements of the offense beyond reasonable doubt, and the benefit of doubt goes in favor of the accused in case of inconsistencies and lack of credible evidence.

The instant appeal under Section 374[2], Code of Criminal Procedure [‘Cr.P.C.’, for short] is directed against a Judgment and Order dated 12.08.2022 [the State of Assam vs. Rajen Taye] passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case no. 88/2018. By the said Judgment and Order dated 12.08.2022, the accused-appellant has been found guilty of the offence defined in sub-section [5] of Section 370 of the Indian Penal Code [‘IPC’, for short] and he has been sentenced to undergo rigorous imprisonment for a term of 14 [fourteen] years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo simple imprisonment for 3 [three] months.

2. The case of the prosecution, in brief, was that the investigation was set into motion on receipt of a First Information Report [‘FIR’, for short] from one Laxman Mali on 28.12.2016. In the said FIR lodged before the Officer-in-Charge of Chariduar Police Station, the informant had inter alia alleged that at around 2-00 p.m. on 28.12.2016, the members of All Assam Adivasi Students Association [‘the AAASA’ or ‘the Association’, for short], Balipara Unit saw three children, belonging to Adivasi community, being taken away to Arunachal Pradesh as child labours by a suspected person. After questioning the person and the three children, the members of the Association suspected something wrong and the person along with the three children was handed over to Chariduar Police Station.

3. On receipt of the FIR, the Officer In-Charge, Chariduar Police Station registered the same as Chariduar Police Station Case no. 199/2016, on 28.12.2016, for the offence under Section 370 [5], IPC and he himself took up the investigation of the case.

4. The Investigating Officer [‘I.O.’, for short] of the case during the course of investigation, recorded the statements of the witnesses under Section 161, Cr.P.C.; visited the place of occurrence; and prepared a sketch map. After recording the statements of the alleged victims, they were handed over to the Child Welfare Committee. The I.O. of the case upon completion of investigation, submitted a charge-sheet under Section 173 [2], Cr.P.C. vide Charge-Sheet no. 21/2017 on 28.02.2017 in connection with Chariduar Police Station Case no. 199/2016 [corresponding to G.R. Case no. 7029/2016] finding a prima facie case for the offence under Section 370[5], IPC well established against the accused-appellant.

5. On submission of the charge-sheet, the learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur upon appearance of the accused-appellant, furnished copies to him in compliance of the provisions of Section 207, Cr.P.C. As the offence under Section 370[5], IPC is exclusively triable by the court of Sessions, the learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur committed the case records of G.R. Case no. 7029/2016, arising out of Chariduar Police Station Case no. 199/2016, to the Court of Sessions, Sonitpur, Tezpur [‘the trial court’, for short] as per the provisions of Section 209, Cr.P.C. by an Order of Commitment date 07.04.2018 and by allowing the accused-appellant to remain on previous bail, in the meantime. On receipt of the case records of G.R. Case no. 7029/2016, arising out of Chariduar Police Station Case no. 199/2016, pursuant to the Order of Commitment dated 07.04.2018, the learned trial court registered the same as Sessions Case no. 88/2018.

6. On appearance of the accused-appellant before the learned trial court, the learned trial court after hearing the learned Public Prosecutor and the learned defence counsel and upon perusal of the materials on record, framed the following charge:

“That you, on 28-12-2016 at about 2 p.m., at Balipara, under Chariduar Police station, committed the offence of trafficking for the purpose of exploitation transported more than one minor namely, X, Y and Z [names withheld] by inducement and thereby committed an offence punishable U/S 370(5) of the Indian Penal Code and within my cogniza