LALRUATPUIA Vs. SATTE OF MIZORAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 04.05.2009, passed by the learned District & Sessions Judge, Lunglei in Crl.Tr.Case No.83/2008 arising out of Bunghmun P.S. Case No.2/2008 convicting the accused/appellant Sh. Lalruatpuia under Section 376 IPC and sentencing him to 7 years of R.I. for the offence aforesaid. Being aggrieved by and dissatisfied with the judgment above, he preferred this appeal citing several infirmities in the judgment, impugned.

(2.) The facts necessary for disposal of the present appeal ,in short,are that on 30th March, 2008, Sh. Lalruatpuia, hereinafter referred to as the accused person, told one (X), a girl of about 20 years of age, referred to hereinafter as the prosecutrix that he was a palmist and he could read the lines in the hands of man. On being so told, the prosecutrix told the accused to examine the lines in her hands. The accused could not complete the same and asked the prosecutrix to come to his house in the night so that he could read her hands well.

(3.) In the evening when she went to the residence of the accused person, the accused asked her to follow him to the nearby School on the pretext of performing some rites paving the way of one's becoming a palmist. However, when she arrived at the School, he performed some rituals preparatory to formally introducing someone to the club of palmist. Soon thereafter, he performed sex with her forcibly and then told her not to divulge such episode to anyone, otherwise she would have to face grave consequences.