SH. F. LALLIANZUALA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This is an appeal from jail, preferred by accused/appellant, who has been convicted by judgment, dated 23.03.2016, and sentenced vide order, dated 05.04.2016, passed by the learned Additional Sessions Judge, Lungluei, in Crl. Tr. No. 443/2014, under Sections 376 (1) of the IPC. On conviction, the accused-appellant has been sentenced to suffer rigorous imprisonment for 7 (seven) years and to pay a fine of Rs. 5,000/-, in default, to suffer simple imprisonment for a period of 2 (two) months. The period already undergone in custody by the accused appellant is directed to be set off, as provided under Section 428 of the Cr.P.C.

(2.) I have heard Mr. Joseph L. Renthlei, learned Amicus Curiae appearing on behalf of accused-appellant, and Ms. Linda L. Fambawl, learned Additional Public Prosecutor, Assam.

(3.) The prosecution case is that, on 03.11.2014 at about 8:00 p.m., the victim went to the house of the appellant. There, she was raped by the appellant under threat. On coming to know about this occurrence, her husband, on 04.11.2014, lodged an FIR with the allegation of commission of rape on his wife i.e., the victim, by the accused-appellant.