SH ZORAMMAWIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This is a jail criminal appeal forwarded by Special Superintendent, Central Jail, Aizawl, directed against the judgment & Order dated 13.06.2016, passed in Sessions Case No. 18 of 2013/Criminal Trial No. 1802 of 2013 by the learned Addl. Sessions Judge, Aizawl Judicial District, Aizawl, wherein the appellant was convicted under section 376 (1) of IPC and sentenced to 7 years R.I with a fine of Rs. 2000/- in default thereof to 10 days S.I.

(2.) Heard Mr. J.C Lalnunsanga, the learned Amicus Curiae and also heard Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor.

(3.) The facts of the case which led to the trial of the appellant and his conviction and sentence as stated above and which has led him to file this appeal are as follows:- On 08.10.2013, at around 3.30 p.m a written FIR was lodged by the prosecutrix, resident of Dampa Rengpui, stating that at around 3:00 a.m of 07.10.2013, while she was sleeping in her house, one Zorammawia of 5th Indian Reserve Police IRP (the convict/appellant) entered into her house, and gagged her mouth by his hand, and committed rape on her. As she was deaf, and her husband was not at home, she was not aware when the convict/appellant came into her house. Extremely aggrieved by the incident, she is requesting for taking legal action against the convict/appellant. Soon after, the FIR was registered, the place of occurrence was visited by the police and a sketch map of the same was drawn. The prosecutrix was examined and her statement was recorded. Witnesses were also examined by the I.O and one Mizo puan was seized on which blood stain was present and the prosecutrix was sent to the medical officer of Primary Health Centre, West Phaileng. After the investigation was completed, a charge sheet was submitted under Section 376 (i) and Section 448 of IPC against the convict/appellant. The convict/appellant denied the charged against him and claimed to be tried. The learned Addl. Sessions Judge framed 3 issues for determination.