LALRINGZAUVA @ TAWIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. B. Lalramenga, learned counsel for the appellant and Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor for the State respondent.

(2.) The appellant being highly aggrieved with the Judgment and Order dated 16.5.2016 passed by the learned Addl. Sessions Judge, Aizawl District Aizawl in Sessions Case No. 53/2014 convicting him under Section 376 (1) of the Indian Penal Code (IPC) and in consequence thereof, sentencing him to Rigorous Imprisonment for 7 years with a fine of Rs. 3000/- and also with a default clause, is before this Court.

(3.) The case of the prosecution is that an FIR was lodged by the respondent No. 2, (the prosecutrix) to the effect that on the night of 13.04.2014, she was sexually assaulted while she was sleeping and in a state of intoxication. As a result, Vaivakawn PS Case No. 83/2014 under Section 376(1) of the IPC was registered and investigated into it. Upon completion of the investigation, a chargesheet was filed against the appellant whereafter, the Addl. District and Sessions Judge on 11.9.2014 framed charge under Section 376 (1) of IPC against him. The appellant pleaded not guilty and claimed for trial. As a result, trial commenced and in the process, as many as 9 prosecution witnesses were examined. The defence did not examine any witness apart from cross examining the prosecution witnesses. After the prosecution witnesses were examined, the appellant was examined under Section 313 of the CrPC to explain the evidence led against him by the prosecution witnesses. Consequently, the learned Trial Court vide Judgment and Order dated 16.05.2016 passed the impugned Judgment and Order convicting and sentencing the appellant in the manner as already mentioned hereinabove.