SH. J. LALRUATSANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. B. Lalramenga, the learned counsel for the accused/ appellant and Mr. C. Zoramchhana, the learned Public Prosecutor, Mizoram appearing for the State respondent. None appears for the respondent No. 2.

(2.) This is an appeal filed by the appellant against the Judgment and Order dated 28.10.2019 passed by the Sessions Court, Lunglei Judicial District, Lunglei, Mizoram in Criminal Trial No. 233/2016, whereby he was convicted under Sections 376-D and 342 of the Indian Penal Code (IPC). For his conviction under section 376-D IPC, he was sentenced to undergo Rigorous Imprisonment for 20 years and to pay fine of Rs. 1000/- and in default thereof, he was directed to undergo a further Simple Imprisonment for one month vide Order dated 11.11.2019. Further, the appellant for his conviction under Section 342 IPC was sentenced to undergo Rigorous Imprisonment for 6 months with a fine of Rs. 1000/- and in default thereof, he was sentenced to undergo Simple Imprisonment for one month. Both the sentences for conviction under Sections 376-D and 342 were directed to run concurrently.

(3.) The case of the prosecution in brief is that a written FIR was submitted before the Officer-in-Charge, Lawngtlai Police Station on 26.12.2015 by the respondent No. 2 stating that between 3.00 - 4.00 pm on that day, the appellant and Benjamina S/o Thawmmawia, both from Rulkual village had taken her to Tawngtaina (prayer) View Point in a Pick-up vehicle against her will and after threatening her with a knife and forcing her to consume alcohol, they stripped and raped her. As a result, Lawngtlai PS Case No. 62/2015 dated 26.12.2015 under Sections 376-D and 342 of the IPC was registered and investigations conducted.