LALFAKZUALA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. C. Lalfakzuala, learned Amicus Curiae and Mrs. Linda L. Fambawl, Addl. Public Prosecutor, Mizoram.

(2.) The prosecution story of case in brief is that on 8.12.2013, at around 1:00 pm, a written report was received from Lalramchhani (17), D/o R. Lalhlupuia of Ramhlun South, Aizawl that between 10:30 am to 11:30 am, one unknown person, whose face was covered, entered into her residence through the window and assaulted her mother Lalsangliani who was bathing with a screw-driver. The complainant's mother sustained severe injury and the said thief had stolen 1 (one) mobile phone and cash amounting to Rs. 4,500/-. Hence, Banwngkawn P.S. Case No. 234/2013 dated 8/12/2013 under section 454/380/307 IPC was registered. During the investigation, the appellant was arrested on 12.12.2013. After framing of charge and evidence was adduced, the appellant was found guilty under section 280/454 IPC. Section 307 IPC was dropped. The appellant was convicted and sentenced to undergo S.I for 3 years and to pay a fine of Rs. 1000 I.D. S.I for 10 days vide Order dated 25.03.2015 passed by the Addl. Sessions Judge-I in S.C No. 26/2014.

(3.) The learned Amicus Curiae submits that the impugned order dated 25.03.2015 passed in S.C No. 26/2014, A/O Crl. Trl No. 2168/2016 under section 454/380/307 IPC by the Additional District & Sessions Judge- I, Aizawl should be set aside as the evidence adduced does not show that the accused appellant had stolen the mobile phone or money amounting to Rs. 4,500/-.