LALNUNZAWMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Laltanpuia, learned counsel for the appellant. Also heard Mrs. Linda L. Fambawl, learned Public Prosecutor, appearing for the State respondents.

(2.) This appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (CrPC) has been filed by the appellant Lalnunzawma, impugning the Judgment dtd. 13/3/2024 as well as sentencing order dtd. 14/3/2024 passed by the Court of learned Addl. Sessions Judge, Aizawl, Mizoram in Sessions Case No. 34/2024corresponding to All Women P.S. Case No. 6/2023, whereby, the appellant was convicted under Sec. 376 (1) of the Indian Penal Code (IPC) and was sentenced to undergo Rigorous Imprisonment for ten (10) years with a fine of Rs.10,000.00 and in default of payment of fine to undergo further Simple Imprisonment for three (3) months.

(3.) The facts relevant for consideration of the instant appeal, in brief, are that on 19/2/2023, the victim girl (herein after referred to as 'X' to protect the identity of the victim) had lodged an FIR before the Officer-in-Charge of All Women Police Station, inter alia , alleging that on 18/2/2023 between 2 PM to 3 PM, her friend Lalnunzawma (present appellant) had raped her in their jhum hut at Reiek road. It was also alleged in the FIR that she suffers injuries on her knee, elbow and arm. On receipt of the said FIR, All Women Police Station Case No. 6/2023 was registered under Sec. 376(1)/323 of the IPC and investigation was initiated. During the course of the investigation, the appellant was arrested. He faced the trial while remaining behind the bars.