LALREMRUATA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) In challenge is the judgment and order dated 11/8/06 passed by the Additional District Magistrate (J), Aizawl in Criminal TR No. 2640/04 arising out of Saitual Police Station Case No. 64/04, whereby accused/appellant was convicted under Section 376(2)(f) IPC and sentenced him to undergo rigorous imprisonment for 10 years and fine of Rs. 5000/- in default, to undergo further rigorous imprisonment for 3 months.

(2.) After conviction and passing of sentence as aforesaid by the learned trial court for the purpose of confirming the conviction and sentence, the learned Additional District Magistrate, Aizawl made a reference to the High Court complying the provisions of Rule 9 of the Regulation of the Procedure of Officers Appointed to the Administration of Justice in the Lushai Hills, 1937 and accordingly criminal reference No.7/06 was registered. Subsequently, the accused/appellant being in jail serving out the sentence so awarded also preferred an appeal from jail which received registration as Criminal Appeal No. 4/08(J).

(3.) Since both the criminal appeal and the reference have arisen from a common judgment, we propose to dispose of both the reference and the appeal by this common judgment and order.