SH. VANLALCHHANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Aldrin Lallawmzuala, Amicus Curiae appears for the appellant while Mr. A.K. Rokhum, Public Prosecutor appears for the State.

(2.) The present appeal had been filed against the Judgment and Order dated 17.1.17 passed by the Sessions Court, Aizawl in Sessions Case No. 43/2014, Criminal Trial No 752/2014, by which the appellant has been convicted under Section 376 (2) (i)/366/323 IPC. The appellant was also sentenced to undergo 10 (ten) years R.I and to pay a fine of Rs. 1,000/, - i.d 1 (one) month S.I.

(3.) The prosecution case in brief is that on 28.04.2014, Mr. Lalramdina, S/o Phuitheha (L), R/o Damparengpui, Hmunthar Veng lodged an F.I.R with the West Phaileng Police Station, stating that on 28.04.2014 at around 10:30 am, his minor daughter Malsawmthangi, who was mentally and physically handicapped had been taken to the outskirt of their village by Mr. Vanlalchhana. Mr. Vanlalchhana, who was working as a care taker of Mr. Vunga s Garden, enticed the victim girl on the pretext of buying eatables for her and took her to a Jhum-hut whereupon he raped the victim girl, who was 14 years and was studying in the IInd standard at that relevant period of time.