In rape cases involving minors, credible oral testimony can establish guilt even without corroborative medical evidence, with minimum sentencing requirements upheld.

1. Heard Mr. R. Dutta, learned counsel representing the appellant as well as Mr. A. Roy Barman, learned Additional Public Prosecutor, State of Tripura.

2. This Criminal Appeal (Jail) has been directed against the judgment and order dated 28.03.2015, rendered by the learned Sessions Judge, North Tripura, Dharmanagar in Sessions Case No.ST / T - 1/0000016/2014 whereby the appellant was found to be guilty of commission of offence of rape upon the victim prosecutrix (P.W.9) and accordingly, convicted and sentenced him to undergo rigorous imprisonment for 10 (ten) years under S.376 (2)(f) of IPC and also to pay a fine of Rs.3000/- only, in default to payment of fine, to suffer further R.I. for 6 (six) months.

3. The prosecution case, in a nutshell, is that one Smt. Dantairung Reang (P.W.6), the mother of the victim, lodged a written FIR on 27.10.2010 with the Officer - in - Charge of Kanchanpur Police Station against the accused - appellant Ranjit Reang alleging inter alia, that on 22.10.2010, at about 6:30 pm, the accused had committed rape upon her 9(nine) years old daughter (name has been kept withheld to protect her identity) when she was sleeping in her hut. The mother, i.e. the informant and her husband were not at home at the time of occurrence. It is further alleged that when the accused started committing rape upon the victim she raised alarm and following her alarm, Smt. Naisowti Reang (P.W.2) rushed to the hut, entered the room and saw the accused Ranjit Reang in a naked state and was scuffling with the victim girl but instantly fled away from the place of occurrence on seeing P.W.2. It has been alleged that P.W.2 had seen the accused in committing rape upon the victim.

4. Having received the information, the informant - mother of the victim along with her husband rushed to their house and found their victim daughter lying in unconscious state. They took up the matter with the local community leaders and the local leaders imposed a fine of Rs.2,800/- upon the accused Ranjit Reang, but, the parents of the prosecutrix were not satisfied. That prompted the informant to lodge the FIR with the O.C., Kanchanpur P.S. as stated above, on 27.10.2010, i.e. after 5(five) days of the occurrence of alleged rape.

5. On receipt of the information, the Officer - in - Charge of the Kanchapur P.S. registered a case bearing Kanchanpur P.S. Case No.87/2010, under S.376(1) of IPC.

6. Being endorsed, S.I. Jayanta Das took up the investigation and produced the victim girl to Kanchanpur hospital for her medical examination. Dr. S. Bhattacharjee, P.W.13 examined the victim at Kanchanpur Sub-Divisional hospital and recorded his observation in his report (Exbt.7) to the effect that he found no physical signs of significance to suggest that the victim was sexually assaulted. The medical officer found no mark of injury or wound in her private part. Thereafter, I.O. examined the material witnesses of the case and recorded their statements under S.161 of Cr.P.C., arranged ossification test for determining the age of the victim. Subsequently, I.O. also produced the victim girl before the learned Sub-Divisional Judicial Magistrate, Kanchanpur for recording her statement under S.164(5) of Cr.P.C. Finally, after collection of evidence, the I.O. submitted charge - sheet against the appellant Ranjit Reang for committing offence punishable under S.376 of IPC.

7. On committal of the case, learned Additional Sessions Judge having found prima facie materials framed the following charge against accused Ranjit Reang, the appellant herein:

"That on 22-10-2010 A.D. at about 18.30