STATE OF MIZORAM Vs. ZODUHILIAN

JUDGEMENT

(1.) This reference under Rule 9 of the Rules for the Regulation of the Procedure of officers appointed to administer Justire in the Lushai Hills 1937 as well as the criminal appeal from jail are directed against the judgment of conviction dated 21 -1-2003 passed by the learned Additional District Magistrate (Judicial) Aizawl district. Aizawl in case No. Cri. Tr. No. 2398/ 2000 convicting the accused/appellant in criminal appeal No. 1/03(J), under Section 376(2) (f) of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 3000/- in default to undergo rigorous imprisonment for further 3 (three) months.

(2.) The prosecution story in brief is that on 21-12 2000 at about 10.50 p.m. a first information report was submitted by PI Rochungnungi of Tlangnuam, Aizawl in Kulikawn police out post intimating that on that same night in between 8.30 to 9 p. m. her daughter who was 11 years old was raped by the accused /appellant. The police upon receipt of the first information registered Aizawl P.S. Case No. 810/2000 against the accused/appellant and took up the case for investigation. During investigation the accused was arrested. The investigating officer recorded the statement of the victim girl as well as the other witnesses and also got the victim and the accused examined by the doctor. Upon completion of investigation the charge sheet was filed against the accused/appellant. The learned Additional District Magistrate (Judicial) thereafter framed the charge under Section 341/ 376(2)(f) of the Indian Penal Code against the accused/appellant, who having pleaded not guilty the trial commenced.

(3.) During trial the prosecution in order to bring home the charge against the accused/appellant examined five witnesses including the victim, the mother of the victim, who was the first informant, the doctor who) medically examined the victim and the accused and also investigating the officer who conducted the investigation. The learned trial Magistrate thereafter recorded the statement of the accused under Section 313 of the Criminal Procedure. Upon completion of the trial the learned trial Magistrate convicted the accused/appellant under Section 376(2)(f) of the Criminal Procedure Code and sentence him to undergo rigorous imprisonment for 10(ten) years and to pay fine of Rs. 3000/- in default to undergo rigorous imprisonment for further period of 3 (three) months.