The prosecution must establish the victim's minor status and consent beyond reasonable doubt; discrepancies in evidence can lead to acquittal.

JUDGMENT

T. Amarnath Goud, J. - This instant appeal has been filed under Section 374(2) of the Code of Criminal Procedure challenging the judgment and order of conviction dated 01.09.2020. The accused-appellant herein was 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 six months, for an offence punishable under Section 366 of the INDIAN PENAL CODE , and also sentenced to suffer simple imprisonment for one year and to pay a fine of Rs.2,000/- in default to suffer simple imprisonment for one month, for an offence punishable under Section 343 of the INDIAN PENAL CODE , and further sentenced to suffer rigorous imprisonment for 10(ten) years and to pay a fine of Rs.10,000/- in default to suffer simple imprisonment for one year for committing offence punishable under Section 376(2)(i) of the INDIAN PENAL CODE on 03.09.2020 passed in Special 16(POCSO) of 2019 by the learned Special Judge, South Tripura, Belonia.

2. The facts of the case in brief, which may be relevant for the present purpose and manifest on the record are that on 16.12.2018, a written complaint was lodged by one Smt. Mina Karmakar of Ramthakurpara, P.S. Belonia, District-South Tripura with the Belonia Women Police Station alleging inter alia that on 16.12.2018 at around 11.30 A.M. her minor daughter (name withheld) like all other day left her residence bound towards her school on the pretext of attending examination. But, since she did not return home till night, she started searching for her daughter and she came to learn that one Bapan Datta @ Pranab Datta has kidnapped her minor girl. She also stated that she came to learn that her minor daughter was kidnapped by enticing her.

3. On receipt of the said ejahar, the Officer-in-Charge of Belonia Women Police Station registered the same as Belonia Women P.S. Case No.95 of 2018 under Section 366 -A of the IPC. During the course of the investigation, police recovered the victim girl on 24.12.2018. They also arrested the accused person, the appellant herein. On the same day, 10(ten) witnesses were examined. The statement of the victim-girl was recorded under Section 164(5) of Cr.P.C. The medical examination of the victim-girl was also arranged. Thereafter, the investigating officer filed the charge sheet against the accused-appellant for the commission of offence punishable under Section 366 /376(2)(i) of the IPC and under Section 6 of the POCSO Act.

4. On receipt of the charge sheet, the learned Special Judge, South Tripura, Belonia took cognizance of the offence punishable under Section 366 /376(2)(i) of the IPC and under Section 6 of the POCSO Act against the appellant herein.

5. The learned Special Judge framed the charge against the appellant under Section 366 , 343, 376(2)(n) of the IPC and under Section 6 of the POCSO Act, to which the appellant pleaded not guilty and claimed to be tried.

6. During the course of the trial, the prosecution adduced as many as 10(ten) witnesses and they were cross-examined. After the closure of the evidence, the appellant was examined under Section 313 of Cr.P.C., wherein, the accused-appellant declined to adduce any defence witness.

7. On hearing the argument of both sides, the learned Special Judge, South Tripura, Belonia by his Judgement dated 01.09.2020 sentenced and convicted the appellant as stated here-in-above.

8. Being aggrieved by and dissatisfied with the impugned judgment and order of conviction and sentence dated 01.09.2020, the accused-appellant herein preferred the instant appeal and prayed for the following reliefs:-

'(i) Admit this appeal;

(ii) Call for the records of case No. Special 16(POCSO) of 2019 from the Court of learned Special Judge, South Tripura, Belonia;

(iii) After hearing both the parties may please to allow the prayer for recording additional evidence and calling for the un-examined witnesses, as prayed for in the application under Section 391(1) of the C.P.C.

(iv) On