BISHRAM YADAV Vs. STATE OF MIZORAM
HIGH COURT OF GAUHATI (AT: AIZAWL)
STATE OF MIZORAM
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NELSON SAILO -
(1.) Heard Mr. Joseph L. Renthlei, the learned counsel for the petitioner and Mrs. Linda L. Fambawl, the learned Govt. Advocate appearing for all the respondents.
(2.) The case of the petitioner in brief is that he was working as a Police Constable under the Mizoram Armed Police (MAP) and sometime in the year 2012, while he was posted in the 1st Battalion of the MAP, an allegation was made by one Smt. Devanti Devi, w/o Constable Guru Charan Das that the petitioner sometime in the month of June, 2012 committed rape upon her and thereafter, threatened her with dire consequences if she divulged the same to anyone. Smt. Devanti Devi therefore remained silent about the issue but however, sometime in the month of August 2013, the petitioner approached her again and while showing her his private parts, the petitioner asked her as to when they should do it again. Smt. Devanti Devi feeling scared informed her husband over phone and pursuant to which, she submitted a complaint to the respondent No. 5 on 01.09.2013. She also lodged an FIR before the Officer-in-charge of Aizawl Police Station and as a result Aizawl Police Case No. 275 dated 02.09.2013 under Section 376(1) IPC was registered.
(3.) Following the complaint, a memorandum of charge was issued to the petitioner vide Memorandum dated 25.10.2013.;
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