F. LALNUNTHARA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Today is fixed for sentence hearing, in view of the fact that though the Trial Court had recorded in its Judgment & Order dated 9.9.2013 that Trial Court was "not inclined to show leniency to the accused who had committed rape upon minor girl", the Trial Court has sentenced the appellant to undergo 7 years R.I. with a fine of Rs.1,000.00 i.d. another 2 months S.I., which is less than the minimum punishment/sentence provided for.

(2.) This Court having held that there was no infirmity in the impugned Judgment of the Trial Court convicting the appellant, this Court had convicted the appellant under Sec. 376(2)(f) IPC, where the minimum sentence to be imposed is 10 years.

(3.) Mr. A.R.Malhotra, learned Amicus Curiae submits that leniency may be shown to the appellant, in view of the fact that offence has been committed a long time ago and as State has not any preferred any appeal against the impugned Judgment and Order, wherein the appellant has been sentenced to undergo R.I for 7 years.