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2011 Supreme(Gau) 705

H.BARUAH
M. C. Lalengliana – Appellant
Versus
State of Mizoram – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: P.C. Prusty, Amicus Curiae
For Respondents/Defendant: Dinari T. Azyu, Addl. P.P.

JUDGMENT

H. Baruah, J.

1. Heard Mr. P.C. Prusty, learned Amicus Curiae as well as Mrs. Dinari T. Azyu, learned Addl. P.P., Mizoram for the Respondent State.

2. The Appellant herein being aggrieved and dissatisfied with the judgment and order of conviction and sentence dated 28.1.2011 passed in Crl. Trial No. 1506 of 2006 by the Addl. District and Sessions Judge No. -I, Aizawl has preferred this appeal from fail challenging its legality and correctness. Appellant was convicted under Section 376(2)(f) read with Section 511 IPC and sentenced him to suffer rigorous imprisonment for 5 years and to pay fine of Rs. 500/- in default 1 month S.I. The case as it appears from the records is as follows:

3. On 23.11.2006 at about 4 p.m. one Cicilia Lalthlamuani, daughter of the first informant David Lalrinsanga (PW 1) aged about 8 years while was playing near the spring at Khatla F-Line, a stranger asked her to locate some papers which he had lost and was successful in taking the girl with him. In the evening Smt Zonunsiami, a tenant of Rodinga took aforesaid Cicilia Lalthlamuani to his residence. The first informant when asked, said Cicilia, he came to know that the stranger was the person who had













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