1. This criminal appeal has been registered on the basis of an application dated 24.2.2012 made by the convict to the Registry of this court through the Jail Superintendent, Central Jail, Aizawl. Appeal was admitted on 9.3.2012. By a subsequent order dated 8.6.2012, Mr. A.R. Malhotra, a learned counsel of this court was appointed as the amicus curiae.

2. This appeal is directed against the judgment dated 22.1.2010 passed by the Addl. District and Sessions Judge-II, Aizawl in Crl. Trl. No. 1517 2009 convicting the appellant under section 376(1) IPC and the order dated 3.2.2010 sentencing the appellant to undergo rigorous imprisonment for a period of 7 years with fine of Rs. 5,000, in default, to undergo further rigorous imprisonment for 3 months, detention already undergone to be set off.

3. Prosecution case in brief is that one Lalbiakdika had lodged a first information dated 9.08.2008 before the Officer-in-Charge, Kolasib Police Station alleging that his minor daughter Lalnunfeli, aged about 14 years, was subjected to rape by the appellant on two occasions, i.e., on 22.5.2008 and 7.7.2008. The said information was treated as FIR and on the basis of the same, Kolasib P.S. Case No. 77

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