IMPORTANT POINT
The importance of consistent and reliable testimonies in reaching a conviction.

1. This appeal is directed against the Judgment and Order dated 30.06.2022, passed by the learned Additional Sessions Judge (FTC), Barpeta, in connection with Sessions Case No. 181/2021, convicting Habibur Rahman (hereinafter, referred to as the accused or the appellant), under Section 448 of the Indian Penal Code, 1860 (IPC, for short), and sentencing him to undergo Rigorous Imprisonment for 1 (one) year and a fine of Rs. 1,000/- (Rupees One Thousand Only) with default stipulation, and under Sections 376/511 of IPC, sentencing him to undergo Rigorous Imprisonment for 7 (seven) years and to pay a fine of Rs. 10,000/- with default stipulation.

2. The State of Assam represented by the Public Prosecutor and the victim, are arrayed as respondent Nos. 1 and 2, respectively.

3. The genesis of the case was that the informant (also referred to as the victim or X), lodged an FIR with the Police at Alopatichar Police Station, alleging that on 15.09.2021, at about 08:00 pm, while the victim was alone at home and was inside the kitchen, the appellant entered into her house and gagged her by her mouth with a piece of cloth and threatened her. Thereafter, the appellant pinned her to the ground and committed rape on her. However, the victim-X managed to scream and her neighbours came to her rescue and caught the appellant red-handed. An FIR regarding this incident was lodged with the Police and was registered as Alopatichar PS Case No. 124/2021, under Sections 448/376 IPC and the Investigating Officer (IO, in short) embarked upon the investigation. The IO went to the place of occurrence (PO, in short), prepared the sketch map and recorded the statements of the witnesses and forwarded the victim to the Magistrate, who recorded her statement under Section 164 of the Code of Criminal Procedure, 1973 (CrPC, for short). The victim was also forwarded for medical examination. On conclusion of investigation, charge sheet was laid against the appellant. The learned Chief Judicial Magistrate, Barpeta, furnished copies of relevant documents to the appellant and thereafter, committed this case for trial.

4. At the commencement of trial, the learned Additional Sessions Judge, FTC, framed charges under Sections 448/376 IPC, against the appellant and the appellant abjured his guilt and claimed innocence.

5. To substantiate its stance, the prosecution adduced the evidence of 7 (seven) witnesses, including the Medical Officer (MO, in short), whereas the defence cross-examined the witnesses to refute the charges. On the incriminating evidence of the prosecution witnesses, several questions were asked to the appellant under Section 313 Cr.P.C. His answer to the Question No. 12 is reproduced herein-below verbatim:

“Question No. 12: Do you have anything else to say?

Answer: I lodged a case against the husband of informant for raping my wife. After lodging the case at Alopatichar PS the family members of the informant had been threatening me constantly and pressurizing me to compromise the matter. Informant was threatening to compromise me or else she would trap me up in a rape case or got me murdered. I thereupon instituted a proceeding under section 107 Cr.P.C. against Dilwar, Umar Ali, Jel Haque, Jamir Ali, Dulu Paramanik. On the day of the occurrence, I came to Barpeta to take the papers of 107 Cr.P.C. by hand as the above mentioned persons are relative to informant. While returning home on the night occurrence, I just get passed the house of Lal Mia, Dilwar, Dholu when these persons caught hold of me from behind. Jamir Ali was also there. All of them started assaulting me and after calling the police, had handed me over to them. To reach my house one have to cross over the house of informant as her house is located at the Tiniali. The case lodged by my wife is at evidence stage and pending in the court of Addl. Session Judge, Barpeta.”

DECISION OF THE LEARNED TRIAL COURT:

6. The learned trial Court delineated the following points to decide the case:

“(a) Whether A