LIMATOSHI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Sentiyanger, learned Legal Aid counsel for the appellant and Mr. K Wotsa, learned Public Prosecutor, State of Nagaland.

(2.) This appeal is directed against the judgment and conviction dtd. 12/6/2014 passed by the learned Sessions Judge, Mokokchung, Nagaland in GR Case No. 154/2013 wherein the present appellant was convicted under Sec. 376 (2) (f) (i) IPC and sentenced him to undergo RI for 10 (ten) years and to pay a fine of Rs.1,000.00, in default of which the appellant was to undergo RI for 2 (two) months.

(3.) The facts of the case, briefly stated are that one N S Kichu, ASI of NKGPS- II had lodged an ejahar before the Officer-in-Charge, PS-II, Mokokchung, Nagaland informing that on 1/12/2013 at 4.40 p.m. an information received through reliable source that a comotion was going on near AR Helipad area, Mokokchung. On the basis of the aforesaid information, the informant along with available police party rushed to the spot and one person namely, Yampangrepba was apprehended by the public on the ground that he had raped a minor girl on the evening of 30/11/2013. The aforesaid first information reveals that the accused was taken into custody police immediately. The victim as well as the accused persons were sent for medical examination. Accordingly, PS case No. 0045/2013 under Sec. 376(2)(f)(i) IPC was registered on 1/12/2013.