SH. LALBIAKSANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This is a Jail appeal of the person named above who had been convicted under Section 376(1) and Section 506 of IPC by the Judgment dated 01.12.2015 of the learned Addl. Session Judge, Aizawl Judicial District passed in Session Case No. 75/2014 / Criminal Trial No. 1076/2014.

(2.) The brief facts of the case leading to the trial and conviction of the appellant is as follows:-

(3.) Being aggrieved, the appellant has filed this appeal from jail which is forwarded by the Jail Authorities. The main ground of the appeal is that the sexual intercourse the appellant had with the prosecutrix was consensual and there was no evidence which proved that it was forced upon the prosecutrix or it was without her consent and against her will. It is also stated in the appeal petition that the knife which was alleged to have been used by the appellant in threatening the victim and forcing her to have sex with him was ceased without following seizure procedure and it was not even sent to the FSL to make out or prove whether his finger prints were present on it or not. Further, the appellant stated that since he was young and inexperience, he could not satisfy the prosecutrix while having sex with her, therefore, she was not satisfied and that made her angry and led her to accuse him of committing rape upon her. He also mentioned that the prosecutrix is of loose character and used to have other boyfriends also though she is married. Lastly, the appellant prayed for his acquittal as he is the only bread earner for his parents who are already aged.