LAWS(GAU)-2006-6-32

STATE OF MIZORAM Vs. LALZARLIANA

Decided On June 07, 2006
STATE OF MIZORAM Appellant
V/S
LALZARLIANA Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal dated 22-6-2005 recorded by the ld. Additional District Magistrate (Judicial) Aizawl in Criminal Tr. No. 1160/2002 acquitting the respondent from the charges framed under Section 376(1) IPC.

(2.) The prosecution story in brief is that, on 27-6-2002, a written First Information was lodged by Sh. Lalthandinga, PW 1, the father of the victim to the officer in-charge, Kulikawn Police Station, alleging that his abnormal daughter, aged about 13 years, residing at Reiek Village was sexually assaulted by the respondent during the month of May, 2002. The investigating agency, on receipt of the said FIR registered Kulikawn P. S. Case No. 125/02 u/S. 376(1) IPC, and upon completion of investigation, submitted the charge sheet. The learned trial Court, thereafter, framed charges against the present respondent u/S. 376(1) IPC and when the same was read over and explained to him, he pleaded not guilty and claimed to be tried. The prosecution in order to bring home the charge presented 7 (seven) witnesses including the first informant Sh. Lalthandinga, the victim, Zorammuani, the sister of the victim, Dr. Catherine Ngurbiakveli, who medically examined the victim, as well as the Investigating Officers, who conducted the investigation. The learned Additional District Magistrate (I) acquitted the respondent from the charges u/S. 376 (1) IPC, on the ground that there was no eye witness and the prosecution has failed to prove the charges against the respondent. The learned trial Court has also observed that the victim could not give any rational answers to the questions put to her and therefore, it is not safe to convict on the testimony of other witnesses more so, when the doctor did not give any specific opinion that the victim was sexually assaulted. Hence, the present appeal by the State u/S. 378 Cr. PC.

(3.) I have heard Miss Dinari T. Azyu, the learned Assistant Public Prosecutor for the State and also Mr. A. R. Malhotra, the learned counsel appearing on behalf of the respondent.