The main legal point established in the judgment is the requirement to prove key facts beyond reasonable doubt, especially in cases involving serious criminal charges.

1. This is an appeal under Section 374 of Cr.P.C. against the judgment and order of conviction and sentence dated 20.02.2015, passed by the learned Sessions Judge, Gomati District, Udaipur in Case No. ST 10(ST/U) of 2014 whereby the accused-appellant has been convicted and sentenced to suffer Rigorous Imprisonment for 7 (seven) years and to pay a fine of Rs.10,000/-, in default to suffer Simple Imprisonment for 3(three) months for commission of offence under Section 376(i) of IPC and the accused-appellant has further been convicted and sentenced to suffer Rigorous Imprisonment for 5(five) years and to pay a fine of Rs.1000/-, in default to suffer Simple Imprisonment for 2(two) months for commission of offence under Section 366 of IPC. Both the sentences shall run concurrently.

2. The facts giving rise to this appeal, as projected by the prosecution, may be referred to briefly at the outset. On 28.03.2011, the informant namely Md. Wab Ali lodged an FIR with the Officer-in-charge, R.K.Pur Police Station, inter alia, alleging that on 22.03.2011, the daughter of the informant went out for private tuition but the said daughter thereafter did not return back. Thereafter a missing diary was lodged by the informant. The informant then learnt that his daughter went to Dimapur with the accused-appellant Jhutan Dey and accordingly, he lodged the FIR.

3. On receipt of the FIR, O.C., R.K.Pur P.S. registered R.K.Pur P.S. Case No. 113 of 2011 under Section 366(A) of IPC and pursuant to the investigation, the police submitted charge-sheet against the accused–appellant under Sections 366 and 376(2)(i) of IPC.

4. The learned Chief Judicial Magistrate, Udaipur, South Tripura District (Now Gomati District) on receipt of the charge-sheet took cognizance of the offence under Sections 366/376(2)(i) of IPC and committed the case for trial to the Court of learned Sessions Judge.

5. The learned Sessions Judge has framed charge against the accused person under Section 366/376(2)(i) of IPC which is reproduced below:-

“CHARGE

Firstly:-That you on 22.03.2011 at about 0600 hours at Bagabasa near the house of Haradhan Gan, under P.S.-R.K.Pur, Dist-Gomati Tripura, abducted Miss ‘Rossy’(name changed) with intent that she may be compelled to marry against her will or knowing it to be likely that she will be seduced to illicit intercourse with you and you thereby committed an offence punishable under Section-366 of I.P.C. and within my cognizance.

Secondly:-That you 22.03.2011 to 26.03.2011 at Dimapur in the Popular hotel, Dist-Assam, committed rape upon Miss. ‘Rossy’ (Age about 14 years) and you thereby committed an offence punishable Under Section-376(2)(i) of I.P.C. and within my cognizance.

And I hereby direct that you be tried on the said charges by this court.

(Sri A. Pal)

Sessions Judge,

South Tripura, Udaipur.”

6. In course of trial, prosecution examined as many as 9 witnesses in support of its case and also proved 6(six) documents.

7. On the basis of the implicating materials as recorded as evidence, the accused was examined under Section 313,Cr.P.C. He declined to give any evidence. However, in his examination under Section 313 Cr.P.C. to a question – Do you want to say anything else? The accused answered –“victim P.W.3 (name kept withheld) insisted me to go with her. She threatened to commit suicide if I do not go”.

8. P.W.3, the girl who after her recovery during her statement recorded under Section 164(5) of the Cr.P.C. by the Magistrate has stated that she was having love affairs with Jhutan and she and the accused Jhutan were decided to get married. She also stated that she herself had asked Jhutan to take her and on the basis of that, Jhutan took her and stayed at Agartala on 22.03.2011 A.D. After staying there for one day, according to her, Jhutan took her to Nagaland by train and there they stayed at the sister’s house of accused Jhutan. Both of them had stayed at a hotel. After that they were recovered from the hotel by her brother. During