SH LIANCHUNGNUNGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. C. Lalramzauva, learned Sr. Advocate as Amicus Curiae appearing for the accused/appellant and Mrs. Linda L. Fambawl, learned Public Prosecutor, Mizoram appearing for the State.

(2.) THIS matter was earlier heard at length. The learned Additional Sessions Judge, Aizawl Judicial District, Aizawl -III vide Judgment & Order dated 04.02.2014 passed in Criminal Trial No. 1429 of 2012 (SR No. 240/2012) arising out of Bawngkawn Police Station Case No. 161/2012 convicted the accused -appellant Sh. Lianchungnunga, son of Chawngchhingpuia, resident of Thingsulthliah under Section 376(1)/323 of the Indian Penal Code and further, vide order dated 10.02.2014 passed in said Crl. Trl. No. 1429/2012 for the offence under Section 376(1) IPC sentenced him to undergo Rigorous Imprisonment for a period of 7 (seven) years and to pay a fine of Rs. 20,000/ -under Section, in default to further undergo simple imprisonment for 2 (two) months and further, for the offence 323 IPC to undergo Rigorous Imprisonment for a period of 6 (six) months, which are to run concurrently and set of the period of detention already under gone by him during the investigation and trial of the case.

(3.) ON verification of the records, it is seen that the accused -appellant above named did not challenge the impugned order of sentence and his conviction, but by an application before this Court only prayed for mercy and forgiveness for his mistake and for reduction of his term of conviction/period of sentence, imposed upon him by the learned trial Court as noted above. Said application of the accused -applicant was duly forwarded to this Court by the Special Superintendent of Central Jail, Aizawl on 18.03.2014, on the basis of which this Criminal Appeal was registered. Section 432 of the Code of Criminal Procedure, 1973 as amended provides for power to suspend or remit sentences of a convict accused and such power lies with the appropriate Government and it reads as follows: