SH. ZOSANGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. C. Lalfakzuala, learned Amicus Curiae for the appellant. Also heard Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor, Mizoram for the respondents.

(2.) The present appeal has been filed from jail against the Judgment & Order dated 27.10.2015 passed by the Court of the District & Sessions Judge, Aizawl in S.C No. 57/2013 in Criminal Trial No. 856/2013, wherein, the appellant has been convicted under Sec. 367(1)/511 Penal Code and sentenced to undergo Rigorous Imprisonment of 4 (four) years with a fine of Rs. 1,000.00, I.D 1 (one) month S.I.

(3.) The learned Amicus Curiae submits that the issue relates to an attempt to rape by the appellant, who is a 43 year old person in respect of a 91 year old lady. The learned Amicus Curiae fairly submits that the evidence of the prosecutrix clearly proves that attempt to rape has been made out by the appellant and that the same is corroborated by the statement given by the appellant in his examination under Sec. 313 Crimial P.C. The learned Amicus Curiae, however, submits that besides the above, the major challenge to the impugned Judgment & Order is to the fact that the sentencing of the appellant was done on the same date when he was convicted. He submits that as per the decision of the Apex Court in Allauddin Mian And Others Vs. Sharif Mian And Another reported in 1989 3 SCC 5, the Trial Court should have given a future date for having a sentence hearing.