LALRAMNGHAKA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) THESE appeals are directed against the judgment and order, dated 07.04.2010, passed by the learned Additional Sessions Judge, Aizawl, in Crl. Trl. No. 279 of 2008, arising out of Mamit P. S. Case No. 07/08, under Sections 376(1)/323 of the Indian Penal Code (hereinafter called 'the IPC').

(2.) THE prosecution case, in brief, as revealed at the trial, may be stated as follows:- On 03.03.2008, at about 10.30 p.m., the victim women was proceeding towards her house, after completing her singing practice in connection with YMA Conference at Suarhliap village. On her way back home, she met the accused person, namely, Shri Lalramnghaka, who called her back for telling her something important and pulled her towards the SDO (Highway) quarters. In spite of her resistance, the accused person committed rape on her. Though she tried to shout for help, she could not do so because of the force applied by the accused person. After the said incident, upon her arrival at her house, she informed her mother about the occurrence and, accordingly, an FIR was lodged with the police on the next day. On receipt of the said FIR, police registered a case being Mamit P. S. Case No.07/08, dated 04.03.2008, under Sections 376/323 IPC, and launched investigation into the matter. During the investigation, police got the victim woman as well as the accused person examined by Medical Officer and recorded the statement of the witnesses. At the close of the investigation, police submitted charge sheet against the accused person for the offence committed under Sections 376(1)/323 IPC and forwarded him to the Court to stand trial. As the offence under Section 376 IPC was exclusively triable by the Court of Sessions, the learned Sessions Judge, framed the charges under Sections 376(1)/323 IPC and explained the charge to the accused person, to which he pleaded not guilty and claimed to be tried.

(3.) THE learned Addl. Sessions Judge, after hearing the accused person on the point of sentence and considering the age of the accused, sentenced him to suffer rigorous imprisonment for three years and pay fine of Rs. 500/-, in default to undergo simple imprisonment for another 15 days for his conviction under Section 376(1) IPC.