IMPORTANT POINT
The prosecution must establish the charges against an accused beyond a reasonable doubt, and any contradictions in the victim's testimony can undermine the reliability of the evidence, leading to a potential acquittal.

JUDGMENT :

(Robin Phukan, J.)

Heard Mr. R. Chetri, learned counsel for the appellant. Also heard Mr. B. Sharma, learned Addl. P.P. for respondent No.1 and Ms. Meghali Barman for the respondents No. 2.

2. In this appeal, under section 374(3) Cr.P.C. the appellant, namely, Shri Arup Borah, has challenged the correctness or otherwise of the judgment and order, dated 03.03.2023, passed by the learned Special Sessions Judge, Majuli, in Special Case No.36/2020, under section 6/10 of the POCSO Act, arising out of Jengraimukh P.S. Case No. 16/2020. It is to be noted here that vide impugned judgment and order, dated 03.03.2023, the learned Special Judge, Majuli had convicted the appellant under Section 10 of the POCSO Act and sentenced him to suffer rigorous imprisonment for five years and also to pay a fine of Rs.10,000/- (Rupees ten thousand) only, in default to suffer S.I. for one month.

3. The background facts, leading to filing of the present appeal, are adumbrated herein below:-

“On 12.08.2019, accused Papu Borah came to the house of the informant/victim girl, situated at Bhakat Chapari Gaon and on the pretext of taking her for outing; he took her to his house and started co-habiting with her as husband and wife and established physical relation with her forcefully. He also prevented her from talking with her family members and used to assault her when she tries to contract them. He also prevented her family members in visiting her. Thereafter, on 09.02.2020, at about 12 O‘clock, accused Arup Borah, who happened to be the own brother of Papu Borah, entered into her room, while Papu Borah was absent and thereafter, he fastened her limbs and committed rape upon her. She then reported the matter to the mother of Papu Borah, but, she did not believe her and for the whole night she was assaulted by mother of Arup Borah and Numali Borah, the elder sister of Arup Borah. Thereafter, on 10.02.2020, she was ousted from their house by stating that she is a woman of loose morale. Thereafter, her father rescued her from the house of the accused.

Thereafter, she had instituted one complaint case; being Complaint Case No. 05/2020, before the court of learned Sub-Divisional Judicial Magistrate, Majuli on 11.02.2020. But, the learned Sub-Divisional Judicial Magistrate, Majuli had forwarded the said complaint to the Officer-in-Charge, Jengraimukh P.S. for registering a case and to investigate the same. Upon receipt of the said complaint, the Officer-in-Charge Jengraimukh P.S. had registered a case, being Jengraimukh P.S. Case No. 16/2020, under sections- 366/376(2)(1)/323/506/34 I.P.C., read with section 6 of the POCSO Act, on 15/02/2020, and endorsed S.I. Kalyan Gogoi to investigate the case. The I.O. then visited the place of occurrence, examined the witnesses and drew sketch map of the place of occurrence. The I.O. also got the victim examined by Doctor and collected the report and also got her statement recorded in the court under Section 164 Cr.P.C. He also arrested accused Papu Borah and forwarded him to the court. Then on completion of investigation, the I.O. laid charge sheet, against accused Papu Borah to stand trial in the court under Section 363 IPC read with section 4 of the POCSO Act and prayed for discharging accused Arup Borah and Smti. Numali Borah from the liability of the case.

Upon the said charge sheet, the learned Special Judge, Majuli had issued notice to the informant and thereafter, had taken cognizance of the offence under Section 363 IPC, read with Section 4 of the POCSO Act against accused Papu Borah and Arup Borah and issued process to them. Thereafter, on appearance of accused persons the learned trial court, complying the provision of Section 207 Cr.P.C. and after hearing learned Advocates of both sides, had framed following charges against the Papu Borah as under:-

Firstly: That you, on 12.08.2019 and thereafter, at village Malong Gaon, under Jengraimukh P.S., committed penetrative sexual assault on the minor informa