SH. LALDAWNGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) In this criminal appeal challenge is made to the judgment and order dated 21.2.2013 and to the order of sentence dated 26.2.2013 passed by the learned Addl. District and Sessions Judge-IV in Crl. Tr. No. 2594/2009 under Section 376(1) of the Indian Penal Code by which the appellant has been sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 10,000, in default, to further undergo simple imprisonment for 2 months. In terms of Section 428 Cr.P.C. the detention period already undergone by the appellant during investigation and trial was also ordered to be set-off from the sentence.

(2.) The facts as unfolding is that on 22.11.2009 at around 7:30 p.m. the appellant had visited the house of the victim/prosecutrix and had asked her to accompany him to visit a bereaved family at Vengchhak, Serhmun. The victim was riding pillion on the appellant's motorcycle and instead of taking the turn towards the destination, the appellant continued to ride towards a place called Vengthar. When the victim/prosecutrix started shouting the appellant stopped at a distance of about 30 meters from the last house of Vengthar locality. Both of them sat down on the middle of the road for sometime. Things turned round when the appellant lied on top of the prosecutrix and despite resistance offered, the appellant over-powered her. Although the prosecutrix did not shout for help but she had called out for her mother and also started crying. Sexual intercourse followed and thereafter the prosecutrix went to the nearest house from where she called up her mother by telephone. The house where the prosecutrix took shelter was the house of one Moli, also known as Tuikhumu. After some time she was taken to her aunt's house from where her paternal uncle came and took her back home.

(3.) On 24.11.2009 the father of the prosecutrix, i.e., Lalkhawnghinga lodged First Information Report before the Officer-in-charge, Kawrthah Police Station alleging that his daughter had been raped by the appellant, i.e., Laldawngliana. On the basis of the said first information, a case was registered being Kawrthah P.S. Case No. 10/2009 dated 24.11.2009 under Section 376(1) of the I.P.C.