H LALAWMPUIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) THIS jail appeal being Criminal Appeal No. 4/2013 (J) is directed against the judgment and order dated 16.7.2010 passed by the learned Addl. District and Sessions Judge -I, Aizawl in Criminal Trial No. 2201/2009 in connection with Kulikawn P.S. Case No. 129/2009 under Section 376(2)(f) IPC whereby the accused was sentenced to undergo Rigorous Imprisonment(RI) for a period of 10 years under Section 376 (2)(f) IPC with a fine of Rs. 1000/ - and in default, to undergo another 30 days Simple Imprisonment (SI).

(2.) HEARD Mrs. Dinari T. Azyu, learned Amicus Curiae as well as Mr. A.K. Rokhum, learned Public Prosecutor, Mizoram.

(3.) THE case in brief is that on 10.10.2009, an FIR was lodged before the Officer -in -Charge, Kulikawn Police Station, Aizawl by one Zonunmawia, Tlangnuam, Hridaikawn, Aizawl stating that his younger sister Lalruatpuii, 14 years of age of Tlangnuam locality was raped by her step father Lalawmpuia, Tlangnuam, Aizawl. In the FIR, it was also stated that she was hesitant and, therefore, never reveal the occurrence as she was threatened by her step father. She has however revealed and confessed about the unpleasant incident and that therefore requested to take necessary action. In the FIR it was stated that the incident started when she was 10 years old i.e. 2005. Basing on the FIR dated 10.10.2009, Kulikawn P.S. Case No. 129/2009 under Section 376(2)(f) IPC was registered. During trial, the prosecution examined 5 PWs and the accused was also examined under Section 313 of the CrPC.