LAWS(GAU)-2015-10-34

LALTANZUALA Vs. STATE OF MIZORAM AND ORS.

Decided On October 09, 2015
Laltanzuala Appellant
V/S
STATE OF MIZORAM And ORS. Respondents

JUDGEMENT

(1.) Heard Mr. B.Lalramenga, learned Amicus Curiae. Also heard Mrs. Linda L.Fambawl, Additional Public Prosecutor.

(2.) This is a jail appeal submitted against the Judgment & Order dated 1.5.2014 passed by the District & Sessions Judge, Aizawl in connection with SR No.17 of 2013, Criminal Trial No.287 of 2012 under Section 376(1), 323, 354 IPC, wherein the accused wad found guilty under the aforementioned charges and sentenced with R.I. for a period of 7 years and is also liable for fine of Rs.1,000/- i.d. simple imprisonment for 10 days u/s 376(1) IPC, (ii) sentenced with Simple Imprisonment for a period of 6 months u/s 323 IPC & (iii) sentenced with Simple Imprisonment for a period of 12 months u/s 354 IPC. All the sentences were to run concurrently and the period of detention was to be set off.

(3.) Mr. B.Lalramenga, Amicus Curiae submits that the appellant and the victim were in love and that no rape was committed by the appellant. The Amicus Curiae submits that the appellant has had intercourse with the consent of the victim and there were no question of rape being committed by the appellant, as it appears during examination of the appellant under Section 313 Cr.P.C.