LAWS(GAU)-2013-7-59

LALREMRUATA Vs. STATE OF MIZORAM

Decided On July 04, 2013
LALREMRUATA Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) HEARD Mr. Albert T. Vanlalnghaka, learned Amicus Curiae appearing on behalf of the appellant and Mr. Lalsawirema, learned Addl. Public Prosecutor for the State.

(2.) THIS jail appeal is directed against the judgment and order dated 5.07.2012 passed by the learned Addl. District and Sessions Judge -IV, Aizawl Judicial District, Aizawl in S.R. No. 114/2009 under Section 376(2)(f)/511 IPC in connection with Kulikawn P.S. Case No. 97/2009 dated 5.08.2009.

(3.) THE case of the prosecution in brief is that on 5.08.2009, an FIR was lodged by the mother of the victim at Kulikawn Police Station stating that at around 3:30 P.M. a miscreant entered their house while she was busy working in their garden. The miscreant coerced and persuaded her minor daughter (9 years) who was at home to have sex with him, promising to give her 100/ - in return. As she entered her house, she saw the miscreant lying on top of her naked daughter in their bed. Being troubled and disappointed by the Act, she requested the Officer -in - Charge, Kulikawn Police Station to take immediate action as per law.