LALCHHANCHHUAHA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. K. Lalchhanliana, learned Amicus Curiae for the appellant as well as Mrs. Linda L. Fambawl, learned Additional Public Prosecutor for the State respondents.

(2.) This is an appeal from jail filed by the appellant against the Judgment & Order dated 11.05.2018 passed by the Additional Sessions Judge, Aizawl Judicial District, Aizawl in Criminal Trial No. 204/2017, convicting the appellant under Section 376(2)(f) as well as Section 506 of the Indian Penal Code (IPC). On conviction, the appellant has been sentenced to undergo Rigorous Imprisonment for 12 years and to pay a fine of Rs. 3,000/-, and in default to undergo Rigorous Imprisonment for another 3 months for his conviction under Section 376(2)(f) of the IPC. He was also sentenced to undergo Rigorous Imprisonment for 1 year and to pay a fine of Rs. 3,000/- for his conviction under Section 506 of the IPC. Both the sentences have been directed to run concurrently.

(3.) The case of the prosecution in brief is that the victim (prosecutrix) lodged an FIR before the Officer-in-charge of Bawngkawn Police Station on 04.10.2016, stating that in the early morning of 04.10.2016 at around 2:00 AM, her cousin brother Sh. Lalchhanchhuaha, S/o Lalfakawma entered her house and put off all the lights. He then felt her body and when she awoke, he strangulated her neck and as a result, she could not breath properly. He then ordered her to take off her pants and said that he desired her for a long time and if she shouted, he would kill her. He stated that he kept a knife nearby. The prosecutrix being very scared could not do anything and the appellant after raping her, left the house. The prosecutrix therefore in her FIR requested that necessary action may be taken against the appellant as per law.