M.R.PATHAK, J. - (1.) HEARD Mr. C. Lalramzauva, learned Sr. Advocate as Amicus Curiae appearing for the accused/appellant and Mrs. Linda L. Fambawl, learned Public Prosecutor, Mizoram appearing for the State.
(2.) THIS matter was earlier heard at length. The learned Additional Sessions Judge, Aizawl Judicial District, Aizawl -III vide Judgment & Order dated 04.02.2014 passed in Criminal Trial No. 1429 of 2012 (SR No. 240/2012) arising out of Bawngkawn Police Station Case No. 161/2012 convicted the accused -appellant Sh. Lianchungnunga, son of Chawngchhingpuia, resident of Thingsulthliah under Section 376(1)/323 of the Indian Penal Code and further, vide order dated 10.02.2014 passed in said Crl. Trl. No. 1429/2012 for the offence under Section 376(1) IPC sentenced him to undergo Rigorous Imprisonment for a period of 7 (seven) years and to pay a fine of Rs. 20,000/ -under Section, in default to further undergo simple imprisonment for 2 (two) months and further, for the offence 323 IPC to undergo Rigorous Imprisonment for a period of 6 (six) months, which are to run concurrently and set of the period of detention already under gone by him during the investigation and trial of the case.
(3.) ON verification of the records, it is seen that the accused -appellant above named did not challenge the impugned order of sentence and his conviction, but by an application before this Court only prayed for mercy and forgiveness for his mistake and for reduction of his term of conviction/period of sentence, imposed upon him by the learned trial Court as noted above. Said application of the accused -applicant was duly forwarded to this Court by the Special Superintendent of Central Jail, Aizawl on 18.03.2014, on the basis of which this Criminal Appeal was registered. Section 432 of the Code of Criminal Procedure, 1973 as amended provides for power to suspend or remit sentences of a convict accused and such power lies with the appropriate Government and it reads as follows: "432. Power to suspend or remit sentences. (1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions that the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced. (2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists. (3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the, unexpired portion of the sentence. (4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will. (5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with: Provided that in the case of any sentence (other than a sentence of fine) passed on a male person above the age of eight years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and, - (a) Where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or (b) Where such petition is made by any other person, it contains a declaration that the person sentenced is in jail. (6) The provisions of the above sub -Sections shall also apply to any order passed by a Criminal Court under any section of this Code or of any other law, which restricts the liberty of any person or imposes any liability upon him or his property. (7) In this section and in section 433, the expression "appropriate Government" means, - (a) In cases where the sentence is for an offence against, or the order referred to in sub -section (6) is passed under, any law relating to a matter is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government. (b) In other cases the Government of the State within which the offender is sentenced or the said order is passed". ;