SH. LALTHATPUIA Vs. STATE OF MIZORAM & ANR.

JUDGEMENT

(1.) Heard Mr. T. Lalnunsiama, Amicus Curiae for the appellant and Mrs. Linda L. Fambawl, Addl. Public Prosecutor for the respondents.

(2.) The convict appellant has by way of this appeal challenged the Judgment and Order dated 05.02.2013 passed by the Additional Sessions Judge-I, Aizawl in Criminal Trial No. 256/2012 under Sec. 376(2)(f) IPC, wherein the appellant was convicted and sentenced to undergo Rigorous Imprisonment for a period of 10 (ten) years and to pay a fine of Rs. 5000.00 i.d R.I 6 (six) months.

(3.) The prosecution story of the case in brief is that on 16.4.2012 @ 10:45 AM an FIR was lodged by Lalnuntluanga of Mualvum with the OC, Kawnpui PS to the effect that on 12/4/12 @ 1 PM his niece, aged 6 years of Kawnpui Chhim Veng was raped by Lalthatpuia, 22 S/o Sanghmingthanga of Kawnpui Chhim Veng, while her mother was not at home and requested to take necessary action. Hence, KPI PS C/No. 10/12 Dated 16/4/12 U/S 376(2)(f) Penal Code was registered and duly investigated into it.