MUNI RAI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalfakawma, learned Amicus Curiae and Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor.

(2.) This is an appeal against the Judgment & Order dated 28.03.2017 passed by the Court of the Addl. Sessions Judge, Lunglei in Criminal Trial No. 486/2014 under Lawngtlai P.S Case No. 69/2014, by which the appellant has been convicted under Section 376 (2) (l) IPC and sentenced to undergo 10 (ten) years 6 (six) months rigorous imprisonment along with a fine of Rs. 70,000/-, in default, S.I for 6 (six) months vide order dated 06.04.2017.

(3.) The prosecution story in brief is that on 27.11.2014, one C. Sangkila of Lawngtlai lodged an FIR at Lawngtlai Police Station, to the effect that on 27.11.2014, between 11:00 AM and 12:00 noon, his mentally and physically challenged daughter, aged 29 years, was raped by an unknown person in their house. On the basis of the FIR, Lawngtlai P.S Case No. 69/2014 dated 27.11.2014 under Section 376 (2)(l) IPC was registered on 27.11.2014. The prosecutrix was produced before a Medical Officer on 27.11.2014 at around 4:55 PM. After investigation was concluded, the I.O filed a charge-sheet.