ZONUNFELA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) HEARD Mr. Johny L. Tochhawng , learned Amicus Curiae for the appellant as well as Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor, Mizoram.

(2.) THIS is an appeal against the judgment and order dated 14.3.2013 passed by the Addl. District and Sessions Judge -IV, Aizawl in Crl. Trial No. 1978/2009 u/s 376(i) IPC whereby the accused was convicted and sentenced to undergo Rigourous imprisonment for a period of 7 years with a fine of Rs.20,000/ - and in default simple imprisonment for 6 months under section 376(1) IPC.

(3.) AN FIR was filed on 4.9.2009 by the husband of the prosecutrix before the Officer -in -charge, Kawrthah Police Station stating that on 3.9.2009 at around 8:30 p.m., the accused Sh.Zonunmawia, switched off the room light on that night and on the pretext of being him, he slept with the prosecutrix while she was asleep and when his wife began to wake up, he had already climaxed. It was therefore requested to take necessary action on the accused as per law of the land.