SH. LALRAMENGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This Criminal Appeal has been preferred from jail by the accused appellant, Sh. Lalramenga against the judgment of conviction dated 19.07.2016 and order of sentence dated 25.07.2016 passed by the Trial Court, i.e., the Court of learned Additional Sessions Judge, Lunglei Judicial District, Lunglei in Criminal Trial No. 39/2016 arising out of Lunglei Police Station Case No. 24/2016, 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. 10,000/- in default Rigorous Imprisonment of 6 months.

(2.) The criminal case in hand was set in motion when the K. L. Chhawnkima lodged an FIR on 13.02.2016 before the Officer-in-charge of Lunglei Police Station alleging that on 06.02.2016 around 2:00 PM the victim, her daughter was taken outside by one Lalmalsawma and when both of them were at the street in front of the old building of State Bank of India, the accused Ramenga of Vengthar took her to his house and had her dinner there, took her at night towards Sairep road made her to drink alcohol and had committed rape on her during the night and left her at the Sairep road. His daughter who is mentally challenged proceeded towards her uncle's resident at Sairep and reached her uncle's house at around 6:30 AM on 07.02.2016. Accordingly, Lunglei P.S. Case No. 24/2016 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 the Lunglei Police Station along with the medical records and other relevant documents submitted the charge sheet in said Lunglei P.S. Case No. 24/2016 vide No. 41 dated 01.03.2016 against the accused appellant finding prima facie materials with regard to his involvement for the offence under Section 376(2)(l) IPC.

(3.) The accused appellant was arrested in said Lunglei Police Station on 13.02.2016 and now he is serving the sentence.