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2007 Supreme(Gau) 66

A.B.PAL
State of Mizoram – Appellant
Versus
Lalzarliana – Respondent


JUDGMENT

A.B. Pal, J.

1. The Judgment of acquittal passed by the learned Additional District Magistrate (Judicial) Aizawl in GR. No. 1160 of 2002 stands impugned in the present appeal by the State of Mizoram.

2. I have heard Ms. Dinari T. Azyu, learned P.P. for the State appellant and Mr. C. Lalramzauva, learned Counsel for the convict respondent.

3. The appeal was heard by this Court earlier and by an order dated 07.06.2006 the learned Trial Court was directed to record evidence of the victim girl, who was not examined during trial on the ground that she appeared to be abnormal and unable to understand the question put to her by the learned Trial Court on 02.05.2003. In compliance of the said direction given under Section 391 of the Criminal Procedure Code the learned Trial Court recorded the statement of the victim girl on 27.04.2006 and returned the case record alongwith the said statement for the purpose of disposal of this appeal.

4. The prosecution case in brief, as could fee derived from the materials on record placed by the prosecution, is that the victim girl alongwith her elder sister (P.W. 4) Zorammuani were residing in the village Reiek with their grand parents and uncle whe














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