ANTHONY LALNUNSIAMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This is a criminal appeal against conviction under Section 374 of the Code of Criminal Procedure challenging judgment and order dated 31.1.2013 and 5.2.2013 passed by learned Addl. District and Sessions Judge-IV, Aizawl in Crl. Tr. No. 1720/2010 under Sections 376/325 IPC.

(2.) The prosecution story is that one H. Lalhlupuia lodged ejahar with the officer-in-charge of Bawngkawn Police Station, Aizawl on 7.7.2010 at around 12:35 a.m alleging that on 6.7.2010 at around 11:00 p.m, his younger sister-in-law was raped by Lalnunsiama (appellant herein) in a City Bus bearing Registration No. MZ 01 6886. On the basis of the said ejahar GD entry No. 172/2010 at 12:35 am was registered and investigation started. The Police arrested the accused in the same night within few hours and thereafter submitted chargesheet on completion of investigation.

(3.) The learned Addl. District and Sessions Judge, Aizawl to whose Court the case was transferred after it was committed, framed charges against the appellant on two grounds. First, commission of rape on the victim on 6.7.2010 at 11 pm inside City Bus bearing registration No. MZ 01-6886 at Zuangtui, Muanna Veng, Aizawl and secondly, for causing grievous hurt to the victim under Section 325 IPC. The point for determination before the learned Sessions Judge was whether the accused committed rape on the victim and whether he caused grievous injuries on her person to materialize his lust for committing rape while she was going alone in the bus of which he was the driver.