H LALTHANGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Victor L Ralte, learned Amicus Curiae for the appellant as well as Mr AK Rokhum, learned Public Prosecutor for the State of Mizoram.

(2.) This is an appeal against the Judgment and order dated 11.09.2014 passed by the learned Additional Session Judge, Lunglei Judicial District, Lunglei Mizoram in Criminal Trial No. 63 of 2014 under Section 354/ 376 (2) (1) of IPC whereby the appellant/ accused was convicted and sentence to undergo R.I for 3 years and to pay a fine of Rs 1000/- only and in default S.I for 10 days under Section 354 of IPC.

(3.) On 11.2.2014, an FIR was lodged before the office in-charge Thingsai Police Station, Lunglei District, Mizoram by the mother of the victims stating that her two daughters namely Lalrammuanpuii (10) and Ngurnunsangi (8) were molested by her husband Thangliana, Serlui in and around February 2013 while they were divorced. He had forcefully made them touched his private part and he even touched their private parts. Her daughters revealed about this incident and being angered by it she requested for necessary action against the accused as per the law of the land. Basing on the FIR, Thingsai P.S case No. 2 of 2014 dated 11.2.2014 under Section 354 (A) IPC was registered. Investigations thereafter proceeded and on completion of the investigation, charge-sheet was submitted. Trial commenced before the trial Court. During trial, 6 prosecution witnesses were examined alongwith one Court witness and one defence witness. The accused was also examined under Section 313 Cr.PC. After hearing the parties, learned trial court had passed the aforesaid impugned judgment and order.