SH. LALHMANGAIHKHUMTIRA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This criminal appeal from jail has been filed by the accused SH. LALHMANGAIHKHUMTIRA being aggrieved with the judgment and order of conviction dated 04.06.2015 passed by the Additional Sessions Judge, Aizawl Judicial District, Aizawl, Mizoram in Sessions Case No. 61/2014 corresponding to Criminal Trial No. 618/2014 arising out of Thenzawl Police Station Case No. 6/2014 wherein he has been convicted under Section 376(2)(i) of the Indian Penal Code (IPC, in short) and sentenced him to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs. 5000/- and in default of payment of fine, to undergo simple imprisonment for another two months; setting off the period of detention in judicial custody already undergone by him.

(2.) The criminal case has been set in motion when the informant, PW-1 Kaphrangi lodged a written FIR on 23.04.2014 (Ext. P/1) before the Officerin- charge of Thenzawl Police Station stating that in the afternoon of 11.04.2014 her daughter Ms. XYZ (name concealed), aged about 15 years, while went out in search of vegetables at Khangpui land area, was raped by the accused SH. LALHMANGAIHKHUMTIRA of Tualvungi Veng, Thenzawl and therefore, requested the authority to take necessary action on the rapist as per law, which was accordingly registered as Thenzawl Police Station Case No. 06 of 2014 under Section 376 (i) IPC. The concerned Investigating Officer sent the victim to the Aizawl Civil Hospital for her medical examination, arrested the accused, visited the place of occurrence, recorded the statement of the witnesses under Section 161 of the Code of Criminal Procedure (CrPC, in short), obtained the medical report of the victim and after completion of the investigation finding prima facie and sufficient incrementing materials in the case submitted the Charge Sheet under Section 173 CrPC vide No. 06/2014 dated 25.05.14 against the accused/appellant under Section 376(2)(i) IPC.

(3.) As the charge section is exclusively triable by the Court of Sessions, the Judicial Magistrate, Aizawl by his order dated 05.08.2014 committed the case to the learned Sessions Judge, Aizawl Judicial District, Aizawl and on receipt of the said case record on the same day itself, it was registered as Sessions Case No. 61/2014 and the learned Sessions Judge, Aizawl allotted the said case to the Court of learned Additional Sessions Judge, Aizawl Judicial District, Aizawl for its disposal.