STATE OF MIZORAM Vs. SH ZOTHANPUIA

JUDGEMENT

(1.) The prosecution story in brief is that on 14.1.2000 a First Information Report, was lodged by PW-1 Mr. R. Lalchhanhima, father of the victim (Ext-P/1) in Thenzawl - Police Out Post reporting that on 13.1.2000 at about 1.00 PM, his daughter R. Lalbiakdiki, PW-6 was sexually assaulted by the accused without her consent. The Police on receipt, of the said information registered SRCP PS Case No. 3/2000 under sections 376(1)/506 IPC. On completion of investigation the accused was charge-sheeted under section 376(1) read with section 506 IPC and faced trial before the learned Trial Judge in Crl. Case GR No. 106/2000. The learned Trial Judge there after vide judgment and order dated 27.6.2002 convicted the accused under sections 376(1)/506 IPC and sentenced him to undergo Rigorous Imprisonment for seven years. Hence, reference before this Court under the Rules for the Regulation of the Procedure of Officers Appointed to Administer Justice in the Lushai Hills, 1937.

(2.) We have heard Mr, Nelson Sailo, learned P.P. and also Mr. Michael Zothamkhuma, learned amicus curiae appearing on behalf of the accused/respondent.

(3.) Prosecution to bring home the charge under sections 376(1)/506 IPC examined as many as six witnesses including the first informant as well as the victim girl. After closure of the prosecution witnesses statement of the accused was recorded by the learned Trial Judge under section 313 Cr.P.C. wherein the accused specifically admitted that he had sexual intercourse with the victim against her will and consent.