SH.DAVID LALLIANTHANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This is an appeal from jail directed against the Judgment & Order dated 12.10.2015 passed by the learned Sessions Judge, Aizawl in SR No. 22 of 2014 A/o Crl. Trl. No. 2134 of 2013 u/s 376 (2)(i) of the Indian Penal Code (IPC) convicting the appellant under the aforesaid section of law. On being convicted as such, the appellant was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,000/- and in default thereof, to undergo simple imprisonment for one (1) month.

(2.) The case of the prosecution in brief is that on 02.12.2013, a written FIR was submitted by Lalmalsawmi (PW-1) of Zuangtui to the effect that on 01.12.2013, the appellant committed an offence of penetrative sexual assault upon her daughter who was a minor and 12 years of age. As a result, Bawngkawn P.S Case No. 224/2013 dated 02.12.2013 under Section 376 (2)(i) IPC r/w Section 4 of the POCSO Act, 2012 was registered and the case investigated into by the investigating officer (case IO). During the course of investigation, the case I.O examined the complainant as well as the victim, and records their statements. The victim was also forwarded to the Civil Hospital for medical examination. Thereafter, upon finding a prima facie case against the appellant under the aforesaid sections of law, the case I.O submitted the charge-sheet.

(3.) The Trial Court thereafter framed charge against the appellant under Section 376 (2) (i) IPC and to which, the appellant pleaded not guilty. As such, trial commenced against the appellant and during which time, the prosecution examined 8 (eight) prosecution witnesses while the defence did not examine any defence witness. Upon conclusion of the prosecution evidence, the appellant was examined under Section 313 Cr.P.C. Thereafter, upon hearing the rival parties, the learned Trial Court vide the impugned Judgment and Order convicted and sentenced the appellant in the manner as already indicated herein above.