BIAKTINCHEUVA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 16.7.2012 passed by the learned District and Sessions Judge, Lunglei Judicial District, Lunglei in Crl. Tr. No. 29/2011 convicting the appellant under Section 376 (2)(f)/511 IPC and sentencing him to undergo Rigorous Imprisonment (RI) for 5 years and to pay fine of Rs. 1000/-, in default, to undergo Simple Imprisonment (SI) for another 3 months.

(2.) Facts of the case may be briefly noted.

(3.) On 8.2.2011, one Sri Lalramhluni, wife of Thangmawia of Dengsur, Lunglei District lodged a complaint before the Officer-in-charge, Bunghmun Police Station stating that on 7.2.2011 at about 3 p.m., Biaktincheuva (appellant herein) had raped her 10 year old daughter inside their house. She further stated that the appellant had raped her daughter four times. It was treated as First Information Report(FIR) and on the basis of the same, Bunghmun PS Case No. 3/2011 under Section 376 (2) (f) IPC was registered.