ZOSANGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. George Raju, learned counsel for the appellant. Also heard Mr. N. Sailo, learned Public Prosecutor for the State.

(2.) The brief story of this case is that on 18.2.97, the mother of the victim Pi Zarliani submitted a written report to the Officer-in- Charge (OC) Kawnpui Police outpost to the effect that her daughter aged about 10 years was raped by the accused Zosangliana inside his house after locking the door. The offence was committed by covering the mouth of the victim and thereafter she was raped. The delay ir filing the report to the Police was that her daughter was afraid of the accused and did not disclose the occurrence to the complainant mother. She came to know the incident when her daughter developed pain in her private parts and had discharged whitish substance. On the basis of the FIR the Kawnpui PS case No. 1 SI 97 under Section 376(2)(f) IPC was registered. After the investigation, the charge sheet was submitted and on the basis of the evidence on record, the charge was framed against the accused on 20.2.98 under Section 376(f) IPC. The prosecution examined 5 witnesses and the defence examined one witness. After completion of the evidence the statement of the accused under Section 313 CrPC was recorded. In the statement under Section 313 CrPC the accused denied the charges against him. The learned trial court by impugned judgment and order dated 16.4.02 passed in G.R.No. 1549/ 97 (Kawnpui PS case No. 15/97) under Section 376(2)(f) IPC convicted the accused and sentenced him to imprisonment for a period of 10 years with a fine of Rs. 2,000/-, in default, further RI for 2 months. This conviction of the accused is challenged in this appeal.

(3.) The President of MHIP Pi Lalthangi was examined as PW1 in this case. In her statement, she deposed that the victim was about 10 years of age. On the date of occurrence the accused sent his children out of the house while he was playing with the victim. He, however, caught hold of the victim and pushed her inside the house and while she tried to run away, he locked the door and committed rape on her by threatening that he will kill her. Because of fear of the accused, the victim did not inform this witness about the occurrence. However, this was disclosed by the victim to her mother and as soon as they checked the private parts of the victim and found that it was swelling and there was also an injury inside the vagina. They took her to the Police and the Doctor examined her. In the cross-examination she stated that she is not related to the victim and also denied that her statement is false. Her above statement was not challenged.