SH KROSNUNNAPARA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) THIS revision petition from jail is directed against the judgment and order dated 27.10.2010 rendered by the learned Addl. District & Sessions Judge, Lunglei in Crl. Trial No.237/2007 convicting the petitioner under Section 376 IPC and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2000/- in default simple imprisonment for 20 days.

(2.) THE prosecution story is that on 3.11.2007 at 10.00 pm Pu Ngurangliana of Chawnpui, Tiabung submitted a written report that on 3.11.07 at 8.00 pm his daughter XM (real name withheld), aged 14 years was alleged raped by one Krosnunnapara @ Krosnunpara (27) son of Sangnawna of Chawnpui, Tlabung while they were hunting crab and prawns at the river Thawri Kau Lui. On the basis of the said FIR, Tlabung P.S.Case No.21 of 2007 dated 3.11.2007 under Section 376 IPC was registered and duly investigated into. During investigation the I.O. visited the place of occurrence and drew a rough sketch map of the place of occurrence. THE I.O. examined the local witneses and recorded their statements. He also, seized the undergarments of the victim and got the victim medically examined and obtained medical report. He seized the birth certificate (photo copy) as produced by the father of the victim and then arrested the accused petitioner and produced before the Court. THE accused admitted his guilt and the I.O. on the basis of the material collected by him, submitted the charge- sheet. THE case, on being committed, the learned Addl. Sessions Judge framed charge under Section 376(1) IPC against the accused, who on being read over and explained in the language known to him, pleaded guilty.

(3.) SHRI Ramesh, a friend of the accused was examined as P.W.2. He testified that he along with accused, the victim girl and Lallenmawii set out to collect crab in Thawri Kau Lui river and they remained their till dusk. While collecting crab the accused stated that he had left his dao somewhere in the stream and asked him and Lallenmawii to take the dao for him. The victim and the accused went apart from him and Lallenmawii. On reaching the victim and the accused, they found the victim's dress was completely wet and on his enquiry, the accused replied him that the victim got toppled down. The victim remained silent but she was weeping requesting him to take her home. On the way home the victim told them that the accused caused loss of her virginity. In cross-examination this witness stated that he did not hear any shout from the victim and he did not know whether the accused committed rape on the victim. He also stated that he did not know whether the victim had love affair with the accused.