ROHMINGTHANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Rosangzuala Ralte, learned Amicus Curiae and Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor Mizoram.

(2.) The prosecution story in brief is that an FIR was lodged by the prosecutrix on 8.11.2013 to the effect that, at around 2:30 A.M. of the same day, the accused had committed rape upon her on entering her room. The FIR was lodged at 6:00 P.M. on 8.11.2013 and accordingly Bawngkawn P.S. Case No. 203 of 2013 under Section 376 (2)(f)/506 IPC was registered. The appellant could be arrested only on 11.11.2013 as he had absconded.

(3.) Charge under Section 376(2)(f) and Section 506 IPC was framed against the appellant on 1.7.2014, to which the appellant pleaded not guilty. Thereafter 5 out of the 8 (eight) prosecution witnesses and two Defense witnesses were examined. The examination of the appellant under Section 313 Cr.P.C. was done on 7.9.2015. Thereafter the appellant was convicted vide Judgment dated 23.11.2015 under Section 376(1) IPC and 506 IPC by the Court of the Addl. Sessions Judge, Aizawl in Crl. Tr. No. 1994 of 2013. The appellant was sentenced to undergo RI for 7 (seven) years and to pay a fine of Rs.1,000/-, in default, S.I for another 10 (ten) days.