HENRY KHAMTHANGA Vs. STATE OF MIZORAM AND ORS

JUDGEMENT

(1.) Heard Mr. Victor L. Ralte, learned Amicus Curiae and Mr. A.K. Rokhum, Public Prosecutor, Mizoram.

(2.) The prosecution story of the case in brief is that on 14.10.2013 at 2:00 AM, Rozami (42) W/o Lalnunmawia of Changpui village submitted a written report to O/C Bunghmun Police Station to the effect that on 12.10.2013 at about 8:00 PM, her daughter 'X' (name concealed) aged 13 years was raped by Henry Khamthanga (38) S/o Hrangnawla of Changpui Village outside near their house. Hence, Bunghmun P/S Case No. 2 of 2013 dated 14.10.2013 under Section 376(2) (i) IPC was registered and duly investigated into. Thereafter, charge under Section 376 (2) (i) IPC was framed against the appellant. The District & Sessions Judge, Lunglei passed its Judgment and Order dated 10.04.2015 and sentence order dated 06.02.2015 in Crl. Tr. No. 545/2013 sentencing the appellant to undergo Rigorous Imprisonment for 10 (ten) years and pay a fine of Rs. 2000/- in default to undergo S.I 1 month for the offence under section 376 (2) (i) IPC.

(3.) Mr. Victor L. Ralte, learned Amicus Curiae submits that the impugned Judgment and Order dated 10.04.2015 and Order dated 06.05.2013 passed by the District & Sessions Judge, Lunglei in Crl.Tr. No. 545/2013 under section 376(2)(i) IPC is liable set aside and quashed and the appellant acquitted in view of the fact that the age of the victim girl has not been proved to be 12 years at the time of the incident. The further contention of the Amicus Curiae is that the appellant in his examination under section 313 Cr. P.C has stated that "On 12/10/2013 at around 8:00 PM I was in the house of Lalnunsiami Health Worker at Changpui watching Television and there were also other people who were watching the Television with me. I will be able to produced the people with whom I was watching the Television from 6:30 PM on that day."