The prosecution's reliance on the victim's inconsistent testimony did not meet the evidentiary standard required for conviction, leading to the appellant's acquittal.

JUDGMENT :

ANJAN MONI KALITA, J.

1. Heard Mr. S. Koyang, learned counsel appearing for the appellant. Also heard Ms. T. Jini, learned Addl. PP for the State respondent and Ms. J. Doji, learned counsel for the respondent No. 2 (Informant/Victim).

2. This Criminal Appeal under Section 374 (2) of the Cr.P.C., 1973 challenging the Judgment and Order dated 15.09.2023 and the Order of Sentence dated 18.09.2023 passed in Sessions Case (Z) No. 04/2022 in Raga P.S. Case No. 11/2021 under Section 376 (2)(f) of the Indian Penal Code ( IPC ) read with Section 10 /11 of the Prohibition of Child Marriage Act, 2006, whereby the accused appellant has been convicted under (2)(f) of passed by the learned Sessions Judge, Lower Subansiri /KurungKumey/ KraDaadi/ Kamle Districts, Head Quarter, Ziro, Arunachal Pradesh (hereinafter referred to as Sessions Court, Ziro) thereby the accused appellant was sentenced to undergo Rigorous Imprisonment (RI) for a term of ten (10) years and to pay a fine of Rs. 5,000/-, in default of payment of fine, to undergo further imprisonment for three (3) months.

3. The facts relevant for consideration in the instant Criminal Appeal, in brief, are as follows:-

(i) That on 16.03.2021, Ms. XYZ (real name of the victim is withheld) filed an FIR against one Shri Tap Tassar (Gaon Burah) of Sektap Village, Raga before the Officer-in-Charge, Itanagar Women Police Station (IWPS), Arunachal Pradesh, inter alia, alleging that Shri Tap Tassar who is the maternal grandfather as well as father-in-law of Ms. XYZ has been raping her for the last 3-4 years; that her mother died when she was an infant and her father got remarried and she was given away by way of a child marriage to her step mother’s brother who later got married to an another woman; that her father-in-law forcefully raped her after tying her hands and legs; that the rape for the first time occurred when she was yet to reach puberty and later, it became a daily schedule for aforesaid Tap Tassar, who repeatedly raped her on daily basis; that she was also raped one week before the lodging of the FIR; that unable to tolerate anymore, she fled her home and came to Itanagar and filed the instant FIR.

(ii) On receipt of the aforesaid FIR, Itanagar Women P.S. Case No. 00/2021 (Ziro FIR) under Section 376 AB read with Section 6 of Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO’) was registered. Thereafter, the then O.C., IWPS forwarded the FIR to SP, Kamle, as the place of occurrence falls under the jurisdiction of Raga Police Station. Thereafter, on 05.05.2021, the then O.C. P.S. Raga re-registered the case as Raga P.S. Case No. 11/2021 under IPC read with Section 6 of POCSO Act against her father Sri Pegmir Tapuk had given her to one Shri Tap Tagia, the son of the accused appellant in child marriage, Section 10 /11 of Prohibition of Child Marriage Act, 2006 have been registered against the aforesaid Sri Pegmir Tapuk.

(iii) Upon getting the endorsement from the O.C. P.S. Raga, Inspector Sri Ige Lollen carried out the preliminary investigation. It may be worthwhile to mention herein that after the filing of the FIR and registration of the IWPS Case No. 00/2021, the Informant was taken to TRIHMS, Naharlagun for