SH. HRANGCHHAWNA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalfakawma, Amicus Curiae in Criminal Appeal No. 25 of 2015(J) and Mr. Johny L. Tochhawng, Amicus Curiae in Criminal Appeal No. 26 of 2015(J). Also heard Mrs. Linda L. Fambawl, Additional Public Prosecutor, Mizoram.

(2.) The two appeals have been filed against the judgment and order dated 24.7.2014 and order dated 31.7.2014 passed by the Additional Sessions Judge, Aizawl in Criminal Trial No. 1068/2011 convicting the appellants under Sec. 376(2)(g) Penal Code and sentencing them to undergo Rigorous Imprisonment for 4 (four) years and to pay fine of Rs. 10,000/ - each and in default, another R.I for 2 (two) months.

(3.) The facts of the case in brief is as follows: On 16.5.2011 one prosecutrix of Tuirial Airfield lodged a written FIR at Bawngkawn Police Station to the effect that on 12.5.2011 (Thursday) at around 4:30 to 5:00 pm she had gone to the stream at Tuirial Airfield to take bath. Near the stream Henry and three of his friends were consuming liquor and they pulled her up while she was sitting on the edge of the stream. They removed her clothes and forcibly subjected her to sexual intercourse. On the basis of the said information, Bawngkawn P.S Case No. 149/2011 dated 16.5.2011 u/s 376(2)(f) Penal Code was registered and investigated into. Upon completion of investigation, having found prima facie case against the accused Lalkrosmawia, Hrangchhawna, Henry Rs.Muana and Lalremruata for the offence punishable u/s 376(2)(g) IPC, charge sheet was made against them and committed for trial.