LALMALSAWMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalfakawma, learned Amicus Curiae along with Mrs. Linda L. Fambawl, learned Additional Public Prosecutor for the respondent.

(2.) This is a criminal appeal filed from jail against the judgment and order passed in Session Case No. 129/2014 by the learned Additional Sessions Judge, Aizawl Judicial District, wherein the appellant was convicted under 376 (2)(l) IPC and sentenced to undergo Rigorous Imprisonment for a period of 10 years and pay a fine of Rs.1000.00, i.d. Simple Imprisonment for another 10 days.

(3.) Facts of the case in brief is that on 27/6/2014, a written FIR was received from Vanlaldiki, D/o Rochungnunga of Ratu Hall veng to the effect that on 27/6/2014 at around 2:30 PM, the accused had raped 'X' at C Hall, who was mentally handicapped. On receipt of the FIR, Darlawn PS Case No. 18/2014 dtd. 27/6/2014 under Sec. 376 (2)(f) IPC was registered and investigated into by S.I. C. Zonunmawia of Darlawn Police Station. During the course of investigation, the informant was examined. The P.O was visited and sketch map was drawn. The victim was forwarded to the Medical Officer, PHC Darlawn for medical examination, wherein the report of the medical examination stated that the victim's hymen has been ruptured. The case I.O then confirmed the mental and physical disability of the victim and as the victim could not be sent to the Judicial Magistrate in Aizawl, the Executive Magistrate, Dawlawn recorded the statement given by the victim's elder sister K. Lalnunpuii, which was affirmed by the victim girl. Thereafter, the accused was arrested and a prima facie case under 376(2)(l) IPC was found and charge sheet submitted accordingly.The prosecution examined as many as 6 (six) prosecution witnesses, after which the appellant was examined under Sec. 313 Cr.P.C. and 2 (two) defence witnesses were examined. One of them being the appellant himself as DW-2. The learned Trial Court after hearing the submissions of both the parties convicted and sentenced the accused to undergo Rigorous Imprisonment for a period of 10 years and pay a fine of Rs.1000.00, i.d. Simple Imprisonment for another 10 days. Aggrieved by the above, the instant criminal appeal has been filed.