The prosecution must establish a defendant's guilt beyond reasonable doubt; inconsistencies in victim testimony cannot support conviction.

JUDGMENT

T. Amarnath Goud, J. - This appeal has been directed under Section 374 of CrPC against the judgment and order of conviction and sentence dated 04.03.2020, passed in Case No. Special 9 (POCSO) of 2018 whereby and whereunder the learned Special Judge, South Tripura, Belonia has convicted the appellant under Section 17 of POCSO Act read with Section 6 of POCSO Act and sentenced him to suffer R.I. for 10 (ten) years and to pay a fine of Rs. 10,000/- (Rupees ten thousand) for the said offence, in default to payment of fine, the appellant shall suffer further R.I. for 6 (six) months. The appellant is further convicted under Section 368 of IPC and sentenced him to suffer R.I. for 7 (seven) years and to pay a fine of Rs. 5,000/- (Rupees five thousand) for the said offence, in default to payment of fine, the appellant shall suffer further R.I. for 3(three) months.

2. Brief facts of the prosecution case is that one Bishnu Kumar Tripura lodged a written complaint on 21.12.2017 to the O.C., Manubankul Police Outpost stating inter alia that her daughter (name kept withheld), aged about 15 years, was kidnapped by one Barun Tripura who is also the brother of the present accused-appellant, namely, Arun Tripura. The allegation was that on 16.12.2017, at about 6:00 pm, Barun Tripura kidnapped the minor girl of the complainant out of love affairs from Ruhidas Para, Bishnupur area with a motorbike and took her to Twiruma under Kowifung Gaon Panchayat under Baikhora P.S. and kept her in the house of one of his friends namely, Karnaram Tripura, introducing to be his wife. Since 16.12.2017 to 19.12.2017, he committed rape upon the victim with an assurance to marry her. On 20.12.2017, the said Barun Tripura shifted the victim from Twiruma to Laxmichhara in the house of his elder brother Arun Tripura i.e. the appellant herein and kept her there for a night. There also Barun Tripura committed rape upon the victim in the same manner. After satisfaction of sexual lust on 21.12.2017, the principal accused Barun Tripura came to drop the victim girl to her own house situated at Bishnupur and at that time, the informant along with other local people detained the accused Barun Tripura at Bagmara area and handed over the Manubankul Outpost with an ejahar.

3. On receipt of the complaint, O.C., Manubankul Outpost had forwarded the same to the O.C., Sabroom P.S. for registration of the case. Accordingly, Sabroom PS Case No. 2017/SBM/071 under Sections 363 /376(2) of IPC and Section 6 of POCSO Act was registered and OC, PS endorsed the case for investigation. The investigating officer had carried on investigation. During investigation, the I.O. recorded the statements of available witnesses under Section 161 of CrPC. During investigation, it was revealed that accused Arun Tripura knowing fully well that his younger brother Barun Tripura being a married person, concealed or confined with the victim girl in his house to commit sexual intercourse with the victim and thereby he also abetted Barun Tripura giving a false promise to marry her and since the victim was a minor he has also committed the offence punishable under Section 17 read with Section 6 of POCSO Act.

4. Being satisfied with the prima facie evidence surfaced during investigation, the investigating officer had submitted charge-sheet against accused Barun Tripura for commission of offence punishable under Sections 417 /366/376(2)(i)/368/343 of IPC and Section 6 read with Section 5 (1) of POCSO Act and against Arun Tripura for commission of offence punishable under Sections 212 /368 of IPC

5. In course of trial, learned Special (POCSO) Judge, South Tripura,