SH. LIANTHUAMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Joseph L. Renthlei, learned Amicus Curiae for the appellant. Also heard Mrs. Linda L. Fambawl, learned Public Prosecutor, Mizoram for the State respondent.

(2.) This appeal is directed against the Judgment and Order dtd. 9/8/2018 passed by the learned Addl. District and Sessions Judge, Aizawl Judicial District, Champhai, Mizoram in Sessions Case No. 126/2017 whereby the accused appellant was convicted under Sec. 376(2)(l) of IPC and sentenced to undergo Rigorous Imprisonment for 20 years and to pay fine of Rs.5000.00 in default, Simple Imprisonment for one month.

(3.) The brief facts of the case is that the informant who is the brother of the victim lodged an FIR before the Officer-in-Charge of Champhai Police Station stating inter alia that the accused appellant on 2/9/2016 at around 11:00 pm, threatened the victim and committed rape on her in the residence of Mrs. Pari. As the victim is mentally unsound, she did not initially inform them about the issue and thereafter, knowing about the alleged incident, he lodged the FIR. On receipt of the complaint, a case was registered as Champhai PS Case No. 133/2016 u/s 376(2) (l) of IPC and the investigation was initiated.