KAPKIMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. S.N. Meitei, learned counsel appearing on behalf of the appellant as well as Mr. Lalsawirema, learned Addl. Public Prosecutor, Mizoram appearing on behalf of the State.

(2.) THIS is an appeal against the judgment and order dated 31.1.2013 passed by the learned District and Sessions Judge, Aizawl Judicial District, Aizawl in connection with Crl. Tr. No. 732/2009. S.R. No. 70/2009 whereby the accused has been sentenced to undergo R.I. for 10 years and with fine of Rs. 1000/ - and in default S.I. for 1 (one) month under section 376(2)(f) IPC.

(3.) MR . S.N. Meitei, learned counsel appearing for the appellant, at the outset, submits that there was no hearing on the sentence as provided under section 235(2) of Cr.P.C. and therefore submits that without entering into the merit of the case, the matter should be remanded back to the learned Court below. On the submission made by the learned counsel for the appellant, this Court has gone into the records of the learned trial Court and has perused the same. By the order dated 31.1.2013 of the learned trial Court, it is clear that no hearing was done on the sentence as provided under section 235(2) of Cr.P.C. Paragraph 10 of the judgment dated 31.1.2013 passed by the learned District and Sessions Judge, Aizawl is quoted as under : -