FOUNDER CHUNG Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Ms. Nancy Lotha, learned counsel for the appellant. Also heard Ms. V. Suokhrie, learned Public Prosecutor, Nagaland.

(2.) This Criminal Appeal has been registered on filing of an appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 by the appellant Sri Founder Chung, against the judgment dtd. 16/8/2019 delivered by the Court of learned Special Judge, Phek, in G.R. Case No. 103/2014 (Pfutsero P. S. Case No. 29/2014) whereby the present appellant was convicted under Sec. 354 A (1) (i) of the Indian Penal Code read with Sec. 511 of the Indian Penal Code and was sentenced, for the said offence, to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000.00 and in default of payment of fine, to undergo further rigorous imprisonment for three months. He was also convicted under Sec. 340 of the Indian Penal Code read with Sec. 511 of the Indian Penal Code and was sentenced, for the said offence, to undergo simple imprisonment for three months and to pay a fine of Rs.300.00 and in default of payment of fine, to undergo simple imprisonment for one month. The sentences of imprisonment, imposed on the appellant, were directed to run concurrently and Rs.2,000.00, out of the total fine amount, if realized, was directed to be paid to the victim as compensation. The period of detention already undergone by the appellant was directed to be set off against the sentence imposed.

(3.) The facts, relevant for adjudication of this appeal, in brief, are as follows:-