LALHMINGSANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The accused/appellant, namely, Lalhmingsanga has preferred this criminal Appeal from jail being aggrieved with the judgment and order dated 18.04.2014 passed by learned Additional District & Sessions Judge-I, Aizawl Judicial District, Aizawl, Mizoram in the Sessions Case being Criminal Trial No. 1610/2012 corresponding to S.R. No. 350/201, arising out of Vaivakawn Police Station (District-Aizawl) Case No. 96/2012 by which the accused/appellant has been convicted under Sections 376(2)(f)/511 of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for a period of 10 (ten) years and to pay fine of Rs. 10,000/-, in default to undergo Rigorous Imprisonment for another one year, setting off the sentence of the period of detention already undergone by him during the investigation and trial of the case against the period of sentence under Section 428 of the Code of Criminal Procedure.

(2.) The prosecution case, as it emerges from the First Information Report dated 08.07.2012 (Exhibit-P1) lodged by the informant Lalnunpuii, PW.1 & mother of the victim before the Officer-in-Charge of Vaivakawn Police Station is that on the morning of 08.07.2012, Sunday around 07:00 a.m., her daughter, Ms. Z. (original name withheld), who was only 5 (five) years old was raped by Lalhmingsanga, the accused, below the step of Dinthar Transport Ground.

(3.) On receipt of said FIR, Vaivakawn Police Station Case No. 96 of 2012 under Section 376(2)(f) of the Indian Penal Code was registered against the accused/appellant.