ZORAMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. L.H. Lianhrima, learned Amicus Curiae appearing on behalf of the appellant as well as Mr. Lalsawirema, learned Addl. Public Prosecutor appearing for the State of Mizoram.

(2.) This appeal is directed against the judgment and order dated 28.8.2012 passed by the learned Addl. District & Sessions Judge-IV, Aizawl in SR No. 7/2010 under Section 376 (1) IPC whereby the accused Zorama was sentenced to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs. 5000/- in default, to undergo Simple Imprisonment for a period of 30 days.

(3.) The case of the prosecution is that on 7.10.2010 one Vanlalruati lodged an FIR before the Officer-in-charge, Kulikawn Police Station stating that beginning from September 2008 till October, 2010, her granddaughter Lalrinsangi (14) daughter of Lalthanmawia of Chaltlang was threatened and sexually abused by her husband Zorama (46), Gorkhali by birth. She came to learn of these incidents while taking her granddaughter for a medical check up at Aizawl. They realize that she was 4 months pregnant, bearing the child of her husband. Her granddaughter revealed all the incidents to her and being deeply troubled and hurt by this situation she requested to take necessary action. On the basis of the FIR Kulikawn Police Station Case No. 161/2010 dated 7.10.2010 under Section 376 (2) (f) IPC was registered against the accused Zorama. After completion of the investigation, the IO filed charge sheet against the accused under Section 376 (2) (f) IPC.