JACOBA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This criminal Appeal from jail is preferred by the accused/appellant Jacoba being aggrieved with the judgment and order dated 26.05.2014 passed by the learned Additional District & Sessions Judge, Aizawl Judicial District, Aizawl, in the Sessions Case being S.R. No. 29/2011, corresponding to Criminal Trial No. 2127/2010, arising out of West Phaileng Police Station (Disrict-Mamit) Case No. 23 of 2010 by which the appellant/accused has been convicted under Sections 376(2)(f)/506(a) of the Indian Penal Code and sentenced him for the offence punishable under Section 376(2)(f) IPC to undergo Rigorous Imprisonment for 5 (five) years and to pay fine of Rs. 10,000/-, in default to undergo further Rigorous Imprisonment for another 6 (six) months and for the offence punishable under Section 506(a) IPC to undergo Rigorous Imprisonment for 6 (six) months, setting off the sentence of the period of detention already undergone by him during the investigation and trial of the case against the period of sentence under Section 428 of the Code of Criminal Procedure.

(2.) The prosecution case, as it emerges from the First Information Report dated 17.08.2010 (Exhibit-P1) lodged by the informant Chungkhawliana, PW.1 & biological father of the victim, is that on the night of 16.08.2010 around 09:00 p.m. his daughter, Ms. M. (original name withheld) was raped by her step father Jacoba and prior to the same, she was earlier raped on 3 three other occasions by the said accused and he threatened her not to disclose the matter to anyone.

(3.) On receipt of the said FIR, West Phaileng Police Station Case No. 23 of 2010 under Sections 376(2)(f)/506(a) of the Indian Penal Code was registered against the accused/appellant.