SHRI LALHMANGAIHSANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This Criminal Appeal has been preferred from jail by the accused appellant, Shri Lalhmangaihsanga against the judgment of conviction dated 08.02.2016 and order of sentence dated 19.02.2016 passed by the Trial Court, i.e., the Court of learned Additional Sessions Judge, Aizawl Judicial District, Aizawl in Sessions Case No. 76/2014, corresponding to Criminal Trial No. 1080/2014 arising out of Bawngkawn P.S. Case No. 104/2014, by which the appellant has been convicted under Section 376(2)(l) IPC and sentenced to suffer Rigorous Imprisonment for a period of 10 years with a fine of Rs. 1,000/- in default Simple Imprisonment of 10 days.

(2.) The criminal case in hand was set in motion when the PW-1 Lalhriatzuali lodged an FIR on 02.06.2014 alleging that the accused Lalhmangaihsanga, her neighbor who has raped on her elder sister on the same day who is handicapped. Accordingly, Bawngkawn P.S. Case No. 104/2014 was registered under Section 376(2)(l) IPC. The concerned Investigating Officer visited the place of occurrence, arrested the accused appellant forwarded both the victim and the accused for their medical examination and recorded the statement of the witnesses acquainted with the incident. After completion of the investigation, the Officer-in-Charge of Bawngkawn Police Station filed the charge sheet vide No. 149 dated 08.08.2014 along with the medical records and other relevant documents submitted in said Bawngkawn P.S. Case No. 104/2014 against the accused appellant finding prima facie materials regarding his involvement in the said case.

(3.) The accused appellant was initially arrested in said Bawngkawn Police Station on 03.06.2014 and later on 20.11.2014 he was released on bail during the trial of the case. However, from the date of order of sentence dated 19.02.2016, the accused appellant is serving the sentence.