SH. RORELLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Joseph L. Renthlei, counsel for the appellant's. Also heard Mrs. Linda L. Fambawl, Additional Public Prosecutor.

(2.) The appellant's counsel submits that the Judgment dated 20.3.2015 passed in Session Case No.86 of 2013 by the Court of the Additional Sessions Judge, Aizawl Judicial District, Aizawl wherein the appellant was convicted and sentenced to under Rigorous Imprisonment for 10 years and to pay a fine of Rs.5,000/ - in default of fine, Simple imprisonment for another 2 (two) months under Section 376 (2)(f) of IPC should be set aside.

(3.) The counsel for the appellant submits that the brief facts of the prosecution story is that on 19.5.13 a written F.I.R. was received from Lalhmunengi of Khawrihnim to the effect that on that day at around 10 -11:00 Am, the accused had committed rape upon her daughter (in short the "victim"), who was aged about 11 years old. Hence, Kulikawn Police Station Case No.60 of 2013 dated 19.5.2013 was registered against the accused under Sections 376(2)(f) and 376 (f)(i) of IPC. In the course of investigation, the complainant and the victim were examined, and their statements were recorded. In the statement of the victim, on 19.5.2013 (Sunday) she did not attend church service with her friend Dini since they were late, and on the way met the accused (who was her uncle) at Smt.Dengi's grocery shop who invited them to watch T.V. in his house. Both the victim and her friend then followed the accused to his house. The accused asked the victim's friend Dini to buy lawngpar. As soon as Dini left them, the accused pulled the victim into the bed room and sexually assaulted her on the bed after undressing her. After the incident, the victim left the accused crying ad proceeded towards her friend Dini and informed her about the incident. The victim further stated that before leaving him, the accused stated, "Na ila ti sia, I puitlin hunah kan ti leh dawn nia" (since you feel pain, we will do it again when you grow older). The victim also stated that the accused had touched and poked her private parts two or three times in the past. The victim was medically examined and the medical report revealed that her hymen was absent, forefinger admitted and discharge was present. A copy of the birth certificate of the victim made from the original was seized to prove the age of the victim. The statements of the witness Laldinpuii and the seizure witnesses were also recorded. The accused was arrested on 19.5.2013 and interrogated. The accused admitted his guilt stating that he had gently penetrated his penis into the victim's vagina, but as the victim felt pain he released her. Since, the statement of the accused was corroborated by the statement of the victim and the other documents collected by her, the accused was forwarded to judicial custody. Hence, S.I. Lalhmachhuani Sailo found a prima facie case against the accused under Section 376 (2) (f) and 376 (2) (i) of IPC and submitted charge sheet to the Court of the learned Chief Judicial Magistrate, Aizawl.