THARLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This is a common judgment to dispose of two appeals above noted, one by State of Mizoram for enhancement of sentence passed on convicted person Pu Thangthuia and, other by Pu Tharliana for his acquitted setting aside the conviction and sentence passed on him.

(2.) The two appeals originated from same judgment and order dt. 4.10.2001 passed by learned Addl. District Magistrate (Judicial), Aizawl District, in case No. GR 840/87 (Aizawl P.S.Case No. 621/87 u/ss 363/376/511/34 IPC). The appellant Tharliana (Crl. A. 10/2001) was sentenced to R.I. for 3 years 6 months finding him guilty of offence u/s 363/34 of IPC whereas the co-accused Thangthuia was convicted u/ss 363/376/34 IPC and sentenced to R.I. for 4 years who has not preferred any appeal. Learned counsel A.R. Malhotra is defending convict Thangthuia, respondent in Crl.A. 13/01, Amicus Curiae, appointed by Court at State Expenses.

(3.) To be concise, case for the prosecution is that on 01.11.1987 at Mc donald Hill, Zarkawt (Aizawl) the two accused persons, namely, Thangthuia and Tharliana, forcibly dragged Miss Lalhmunsiami, a minor girl of 14, at about 4.30 a.m. when she was undergoing early morning walking session of exercise on the street of Aizawl town along with her brother and friends, namely, Zairemtluanga, Lalbiaktluanga, Lalchhanhima, Lallianmawii and Fakawmi, and took her to their camp at Mc donald Hill where one of them took out a rifle and stood guard while the other committed rape on her. In the meantime however, her friends along with local people went to the camp shouting and rescued her breaking open the door.