LALRINCHHANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. C. Lalfakzuala, learned Amicus Curiae for the appellants and Mr. C. Zoramchhana, learned Public Prosecutor for the State respondent.

(2.) This is a jail appeal submitted by the appellant No.1, Mr. Lalrinchhana and the appellant No.2. Mr. L.H. Lalremruata for setting aside and quashed the impugned Judgment and Order dtd. 5/11/2019 passed by the learned Sessions Judge, Lunglei Judicial District in Criminal Trial No.306 of 2017, whereby the appellants were convicted under Sec. 376 (1) IPC and sentenced on 8/11/2019 to undergo S.I. of 7 (seven) years and each to pay a fine of Rs.30,000.00 and i/d each to undergo S.I. for a period of 6 (six) months.

(3.) Facts of the prosecution case in a nutshell is that, a written FIR was submitted on 24/5/2017 at 8:40 pm by one Mr. Rokha-wma, of Lunglawn, Lunglei, stating that at around 8:00 pm that night his 27-year-old daughter, X, was raped by Lalrinchhana and L.H. Lalremruata, both of Lunglawn, Lunglei, inside an empty house at Lunglawn which belonged to R. Zothansanga, the father of the accused, Lalrinchhana, Lunglei Police Station Case No.81/2017 dtd. 24/5/2017 under Sec. 376D of the Indian Penal Code was accordingly registered and investigated into. A number of witnesses, including the informant and alleged victim, were examined. Both the accused were arrested. The place of occurrence was visited and a lady's panties with a sanitary napkin was seized. Pretrial statement of the prosecutrix was recorded under 164 Cr.P.C. The medical examination of the prosecutrix and the two accused was done. X's boxer shorts and the blood-stained panties, the underwear of the two accused and their own blood sample were sent to Forensic Science Laboratory along with her blood sample. The report from the Forensic Science Laboratory was received. A prima facie case under Sec. 376D of the Indian Penal Code was found well-established against the two accused, Lalrinchhana and L.H. Lalremruata and the Charge-sheet was accordingly submitted on dtd. 8/8/2017.