STATE OF MIZORAM Vs. RUALHLEITHANGA

JUDGEMENT

(1.) This reference is made under Rule 9 of the rules for the Regu lation of the Procedure of Officers Appointed to Administer Justice in the Lushai Hills 1937, for confirmation of judgment of conviction passed by the learned Additional District Magistrate (Judicial), Aizawl District, Aizawl in Case No. CRI. Tr. 1604/2001 (Serehip P. S. Case 61/2001) under Section 376(f) of the Indian Penal Code, against the respondent herein and sentencing him to undergo rigorous imprisonment for a period of 1,0 years with fine of Rs.2000/- in default to undergo rigorous imprisonment for a further-period of six months.

(2.) We have heard Mrs. Helen Dawngliani, learned public prosecutor, Mizoram and Mr. C. Lalramzauva, learned Amicus Curiae for the respondent, appointed by the Court.

(3.) The prosecution story in brief is that on 19-8-2001 a written first information report was lodged in Serchhip police station by Rualkhuma, P. W. 1, father of the victim, of Serchhip Chanmari Veng intimating that on the previous night at about 8.30 p.m. his daughter, who was six years old was raped by the accused Rualhleithanga inside his residential house. On receipt of the said first information Serchhip P. S. Case No. 61 / 2001 was registered under Section 376(f) IPC read with Section 14 of the Foreigners Act and taken up the matter for investigation. During the course of investigations the statements of the witnesses were recorded and the victim as well as the accused person were medically examined. Upon completion of the investigation and having found a prima facie case, the police submitted charge sheet.