STATE OF MIZORAM Vs. VANLALCHHANGA

JUDGEMENT

(1.) THIS Criminal reference has arisen out of the judgment and order, dated 25. 10. 2004, passed by the learned Addl. District Magistrate Judl.), Aizawl, in Cril. T. R. No. 1625 of 2003 convicting the accused, Vanlalchhanga u/s 376 (2) (f) and 341 I. P. C. and sentencing him to suffer rigorous imprisonment for 10 years with a fine of Rs. 3,000/- and, in default, to suffer rigorous imprisonment for a further period of two months.

(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows : on 17. 7. 2003 at about 11 A. M. , while Ms. X. aged about 9 years, a student of Class-III was walking down on the step near vacancy Hotel at Chandmary, accused Vanlalchhanga, who was standing on the stair, caught hold of both the arms of Ms. X and told her to come with him to buy sweet. As Ms. X refused to go, the accused forcibly dragged her into the said hotel, brought her in one of the double bedded room of the hotel and threatening the said child with a knife, gagged her mouth and forcibly committed sexual intercourse with her. As a result of the said acts of the accused, there was bleeding from the genital of the victim. On being freed by the accused, the victim, somehow, reached home and reported the occurrence to her mother Ms. Y. Victim's mother noticed that the genital of the victim had sustained injuries and the same were smeared with blood. This apart, the accused had also been seen by some persons taking the girl inside the said hotel. On a written FIR having been lodged, in this regard, by the mother of the said victim, police registered a case u/s 376/341 IPC. During investigation, the victim was medically examined and after his arrest, the accused made judicial confession. The police, accordingly, laid charge sheet against the accused u/s 376/341 I. P. C.

(3.) DURING trial, charges under Section 376 (2) (f)/341 of the IPC were framed against the accused person. To the charge so framed, the accused person pleaded not guilty. In all, prosecution examined as many as 11 witnesses.