STATE OF MIZORAM Vs. LALREMRUATA S/O SANGHNUNI

JUDGEMENT

(1.) THE order dated 16 -03 -2009 passed by the Additional District and Sessions Judge, Aizawl District, Aizawl in Criminal Trl. No. 6 of 2008 is under challenge in this revision, whereby and whereunder Respondents Lalremruata and Lalfakmawia are discharged from the liability of Section 376 IPC.

(2.) THE aforesaid Criminal Trial No. 6 of 2008 cropped up on filing of an FIR in writing by one Pi Kapthuami, President, MHIP, Venglai Branch, Kolasib with the Officer -In -Charge of Kolasib Police Station, wherein it has been alleged that the Respondent Lalremruata and his friend Lalfakmawia committed rape on Vanneihthangi, a girl of 8(eight) years during the year 2005 -2006. It would be appropriate to say at this stage that Respondent Lalremruata is the father of the victim, Vanneihthangi. On filing of the FIR, Kolasib P.S. Case No. 109 of 2007 was registered under Section 376f IPC. Investigation commenced and during investigation the victim was examined under Section 164 Code of Criminal Procedure by a Magistrate. Both the Respondents were also arrested and medically examined. Victim Vanneihthangi was also examined medically by a doctor. After due investigation of the case a charge sheet under Section 173 was laid against the Respondent.

(3.) ON filing of this criminal revision the LCRs were requisitioned for the purpose of disposal of the revision. LCRs are made available to this Court.