KAWLHMINGTHANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This appeal is directed against the order dtd. 10/8/2023 passed by the Addl. Sessions Judge, Aizawl Judicial District in S.R No. 111/2022 whereby the accused/appellant was convicted of the offence under Sec. 376(2)(l) IPC and sentenced to undergo R.I for 10 years and to pay a fine of Rs.1,000.00 only, in default, S.I for 10 days.

(2.) The case in brief is that on 17/3/2022, an FIR was lodged by Mr. PC Zoliansanga, reporting that his aunt, Mrs. X (the name of victim is withheld in the judgment), who is mentally retarded, had left home on 16/3/2022 around 1:00 pm and returned home at around 11:00 pm and was suspected to be raped by some unknown person. Hence, the instant case was registered and investigated into.

(3.) In the course of investigation, the I.O recorded the statements of the witnesses, sent the victim as well as the accused for medical examination and also sent certain samples to FSL for examination and DNA test. However, the statement of the victim could not be recorded by the Magistrate under Sec. 164 CrPC. On completion of the investigation, the I.O also submitted a charge-sheet. The learned trial court framed charge under Sec. 372(2)(l) IPC against the accused which he denied and the trial commenced.