RAMNGAIZUALA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard the learned Amicus Curiae Mr. Joseph Lalchhanhima for the appellant. Also heard Mrs. Linda Fambawl, learned P.P for the State respondent No.1.

(2.) The present appeal under Sec. 374 of the Cr.PC has been filed by the appellant, namely Ramngaizuala, impugning the judgment and sentence dtd. 16/2/2024 passed by the learned Presiding Judge, Fast Track Special Court, Champhai in Session Case No.48/2019 corresponding to Crl. Tr. No.429/2019, whereby the appellant was convicted under Sec. 376(2)(l) IPC and was sentenced to undergo R.I. for 10 years and to pay fine of Rs.5000.00, and in default of payment to undergo S.I for two months.

(3.) The prosecution case in brief is that an FIR was lodged by the informant/PW 1 who is the father of the victim on 8/4/2019 at the Champhai P.S alleging that on 7/4/2019, the accused/appellant had raped his daughter who is mentally disabled. Upon receipt of the FIR, the Champhai P.S Case No.18/2019 under 6 of the POCSO Act was registered. During investigation, the I.O visited the place of occurrence which was the house of one Rami of Tlangsam, Champhai district. The I.O also examined the complainant, the victim and other witnesses and also took the victim for medical examination. The statement of the victim was also recorded under Sec. 164 Cr.PC. During the investigation, the I.O also seized the birth certificate of the victim and found that she was 20 years and 18 days at the time of the incident and therefore a prayer for alteration of charge from Sec. 6 of the POCSO Act to Sec. 376 (2) (l) IPC was sent to the Chief Judicial Magistrate and the charge was accordingly altered. The victim girl was also forwarded to a clinical psychologist to make assessment of her mental age and the Psychologist opined that the mental age of the victim is 6 years with IQ of 40 and that she is in the category of moderate retardation. Upon completion of investigation, the I.O submitted a chargesheet against the accused/appellant under Sec. 376 (2)(l) IPC.