IMPORTANT POINT
The central legal point established in the judgment is the requirement for the prosecution to prove its case beyond reasonable doubt in cases of rape, emphasizing the quality and reliability of the victim's testimony.

JUDGMENT

1. The learned Session Judge, East Jaintia Hills, Khliehriat on consideration of the facts and circumstances in Session Case No. 11 of 2021 has on the basis of the evidence tendered and the materials on record as well as upon hearing the prosecution and defence, pronounced the judgment and order dated 13.12.2021 convicting the appellant herein and ordering a sentence of 7(seven) years with fine of Rs. 50,000/- (Rupees fifty thousand) only and in default thereof, to undergo a further one month's imprisonment.

2. The appellant not being satisfied with the said conviction and sentence indicated above, has approached this Court with this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 with a prayer to set aside and quash the said impugned judgment and order dated 13.12.2021.

3. Bereft of unnecessary details, the brief fact of the case is that on 13.09.2001, the appellant came to the house of the victim with criminal intent at about 4:00 pm following which he is said to have raped her inside her house without her consent. On coming to know of the incident, on the same day, an FIR was lodged by her father, Shri Moken Shadap before the Officer In-charge, Umkiang Police Patrol Post, Jaintia Hills.

4. On receipt of the said FIR, it was forwarded to the Officer Incharge, Khliehriat, Police Station and was registered as Khliehriat P.S. Case No. 83(9) of 2001 under Section 376 IPC.

5. On investigation launched, the Investigating Officer (I/O) has referred the victim and accused for medical examination and has also caused examination of the complainant, the victim and other witnesses as a preliminary step. On completion of the investigation, the I/O has then filed the Final Form under Section 173 Cr.P.C. by filing the charge sheet in the case whereby, it was indicated that in course of investigation, a prima facie case under Section 376 IPC is found well established and accordingly, the accused/appellant was sent up to face trial before the court.

6. In due course, the case was taken cognizance of by the Session Judge who has framed charge under Section 376 IPC against the appellant and has directed for evidence to be recorded. The prosecution then examined as many as 10(ten) witnesses, including the complainant and the victim and has also exhibited 7(seven) documents, but no materials were exhibited. Thereafter, the statement of the appellant under Section 313 Cr.P.C. was recorded and after hearing the final argument of the parties, the impugned judgment and order was passed.

7. Mr. S. D. Upadhaya, learned Legal Aid Counsel, has led this Court to the evidence of the witnesses, more particularly the evidence of the victim who was examined as PW-6, that of the complainant who was examined as PW-1 and also PW-5, the mother of the victim and the evidence of the doctor as PW-7.

8. Coming to the evidence of PW-6, the victim, the learned Legal Aid Counsel has submitted that her evidence will reveal that the incident allegedly occurred on 13.09.2001 at about 4:00 pm when, while she was at home, one person who is unknown to her entered the house, on overpowering her, he raped her and thereafter, left the house. The victim alerted some people who heard her scream. Her father told them what had happened and in response, those people have suggested that the perpetrator might have been the person who is selling liquor not far from the house of the victim. The father then confronted the person who threatened him after which he reported the matter to the headman and also to the police. At the police station, the victim came to know the name of the person as Long Pohshna, the appellant herein.

9. The father of the victim who has lodged the FIR, in his evidence as PW-1 has deposed that his daughter, the victim had informed him that one person who had recently come and resided in Umkiang village had committed raped on her. He then went to the house of the accused/appellant to confront him on this, but he was threatened by the accused. T