C ALBERTA S/O C BEISA Vs. STATE OF MIZORAM
LAWS(GAU)-2018-4-43
HIGH COURT OF GAUHATI
Decided on April 24,2018

C Alberta S/O C Beisa Appellant
VERSUS
STATE OF MIZORAM Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mr. Aldrin Lallawmzuala, Amicus Curiae. Also heard Mr. A.K. Rokhum, Public Prosecutor.
(2.) The appellant has prayed for setting aside the Judgment & Order dated 20.10.2017 and Sentence Order dated 24.10.2017 passed by the learned Additional Sessions Judge, Siaha in SR No. 15/2017, arising out of Siaha P.S. Case No. 46/2017 dated 18.05.2017, by which the appellant was convicted for rape under Section 376(1) IPC and sentenced to undergo 15 years R.I with a fine of Rs. 10,000/-, i.d. 100 days R.I.
(3.) The prosecution case in brief is that on 18.05.2017, an FIR was submitted by the victim before the OC, Siaha P.S stating that in the evening of 30.04.2017, her friend Smt. Maengi had invited her out for a ride in Albert's car. Thereafter, they bought one bottle of liquor and headed towards Maisatla. They stopped on the way and drank the liquor. Thereafter, Albert pulled/dragged the victim out of the car and stripped of her clothes including her underwear. She was scared and shouted loudly, after which she blacked out. The FIR also states that the victim girl did not know if the appellant had sexual intercourse with her.;


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