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2006 Supreme(Gau) 540

B.P.KATAKEY
State of Mizoram – Appellant
Versus
SH. Lalzarliana – Respondent


Advocates Appeared:
A.R.Malhotra, Dinari T.Azyu

1. This appeal is directed against the judgment of acquittal dated 22.6.2005 recorded by the Learned Additional District Magistrate (Judicial) Aizawl in Criminal Tr. No. 1160/02 acquitting the respondent from the charges framed under section 376(1), IPC.

2. The prosecution story in brief is that, on 27.6.2002, a written First Information was lodged by Sh. Lalthandinga, PW 1, the father of the victim to the officer in-charge, Kulikawn Police Station, alleging that his abnormal daughter, aged about 13 years, residing at Reiek Village was sexually assaulted by the respondent during the month of May 2002. The investigating agency, on receipt of the said F.I.R. registered Kulikawn P.S. Case No. 125/02 under section 376(1), IPC, and upon completion of investigation, submitted the charge sheet. The learned trial court, thereafter, framed charges against the present respondent under section 376(1), IPC and when the same was read over and explained to him, he pleaded not guilty and claimed to be tried. The prosecution in order to bring home the charge presented 7 (seven) witnesses including the first informant Sh. Lalthandinga, the victim, Zorammuani, the sister of the victim. Dr. Catherine



















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