LAWS(GAU)-2015-10-73

C. LALRAMLIANA Vs. STATE OF MIZORAM

Decided On October 16, 2015
C. Lalramliana Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) THIS criminal Appeal from jail is preferred by the accused/appellant C. Lalramliana being aggrieved with the judgment and order dated 09.10.2013 passed by the learned Sessions Judge, Lunglei Judicial District, Lunglei, in the Criminal Trial No. 249/2011, Registered No. 10/2012, arising out of Lunglei Police Station (District -Lunglei) Case No. 177 of 2011 by which the appellant/accused has been convicted under Section 376(1) of the Indian Penal Code and accordingly sentenced him to undergo Rigorous Imprisonment for 3 (three) years and to pay fine of Rs. 1,000/ -, in default to undergo Simple Imprisonment for another 1 (one) month, by setting off the period of detention already undergone by him as an Under Trial Prisoner during the investigation and trial of the said case against the period of conviction under Section 428 of the Code of Criminal Procedure.

(2.) THE prosecution case, as it emerges from the First Information Report dated 04.09.2011 (Exhibit -PI) lodged by the informant victim Lalramhrili, is that around 06:00 p.m., she was raped at her own house at Bazar Veng, Lunglei by the accused appellant Ramliana for which she got hurt and that she, being a widow, is very much aggrieved by the said act of the accused.

(3.) ON receipt of the said FIR, Lunglei Police Station Case No. 177 of 2011 under Sections 376(1) of the Indian Penal Code was registered against the accused/appellant.