SH. SAIMAWNGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This is a jail appeal of the appellant/accused against the judgment and order dated 2.12.2014 of the Sessions Judge, Lunglei district passed in Crl.R No.630/2013 wherein he was convicted for the offence under Section 376(2)(i) of the IPC and sentenced to R.I. for a period of 10 years and a fine of Rs. 2000/-(rupees two thousand) and in default of paying the same to a further imprisonment for a period of 1 month.

(2.) On receipt of the said complaint, an FIR was registered being Hnahthial PS Case No. 25/2013, dated 17.12.2013 (under Section 376(2)(i). During the investigation, the 2 girls were sent for medical examination and their statements were also recorded before the Judicial Magistrate 1st Class. After the investigation was over, charge sheet was submitted and the learned Sessions Judge on being satisfied, framed the charge under Section 376(2)(i) of the IPC against the appellant/accused on 12.5.2014. The appellant/accused faced the trial, but since he could not afford to hire the service of a lawyer he was provided a lawyer on the state's expense. During the trial, in support of the prosecution case, 6 PWs including the Investigating Officer of the case and the doctor who examined the 2 prosecutrix were examined.

(3.) After hearing the parties and examining the evidence both oral and documentary, the learned Sessions Judge was satisfied that the appellant/accused was guilty of having committed the offence under Section 376(2)(i) of the IPC, accordingly she convicted him and sentenced him as stated above.