LALBIAKMUANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. T. Lalnunsiama, learned Amicus Curiae for the appellant and Mr. C. Zoramchhana, learned Public Prosecutor for the State respondent.

(2.) This is an appeal against the Judgment and Order dtd. 14/3/2018 passed by the learned District and Sessions Judge, Lunglei Judicial District, Lunglei, who on conviction of the appellant under Sec. 376 (1) IPC, sentenced him to undergo Rigorous Imprisonment for 7 years with a fine of Rs.5000.00, i.d. Simple Imprisonment for 1 (one) month.

(3.) The brief facts of the case is that an FIR was submitted on 17/7/2017 by the prosecutrix Zonunpari to the effect that on 16/7/2017 at around midnight Lalbiakmuana, S/o Hranglawta of Zotuithiang came to their house and tried sleeping next to her. She then moved and slept on the couch however, he came and slept next to her by placing another couch next to her. Thereafter, he approached her and throttled her and had sexual intercourse with her against her will. The case was registered under Sec. 376 (1) IPC, Lunglei PS Case No. 103/2017 dtd. 17/7/2017. On investigation of the case, the place of occurrence was visited and sketch map of the P.O was drawn. The victim/complainant was examined and her statement recorded. She was thereafter sent for medical examination to the Civil Hospital, Lunglei by the Medical Officer, Dr. Zonunmawii , on receipt of the medical examination report, the victim was forwarded to the Court of CJM, Lunglei for recording her judicial statement. The accused Lalbiakmuana, S/o Hranglawta of Zotuithiang was arrested and he confessed his guilt before the Police. Other witnesses were also examined and their statements recorded. Thereafter, a prima facie under Sec. 376 (1) IPC was found against the accused and charge sheet was accordingly submitted.