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2016 Supreme(Gau) 298

MICHAEL ZOTHANKHUMA
Nor Bahadur Pradhan – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Joseph Lalchhanhima Renthlei
For the Respondents: Mrs. Linda L. Fambawl

JUDGMENT :

Michael Zothankhuma, J.

Heard Mr. Joseph Lalchhanhima Renthlei, learned Amicus Curiae for the appellant and Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor for the respondents.

2. This appeal is an appeal from jail submitted by the appellant Sh. Nor Bahadur Pradhan against the judgment and order dated 21.11.2012 passed by the learned Addl. Sessions Judge-IV, Aizawl in Criminal Trial No. 1681/2011, by which the appellant has been convicted under Section 376(2)(f)/377 IPC and sentenced to undergo R.I for a term of 10 years and to pay a fine of Rs. 10,000/- (Rupees ten thousand), ID RI for three months under Section 376(2)(f) IPC. The appellant had been sentenced to undergo R.I for three years and to pay a fine of Rs. 4000/- (Rupees four thousand), i.d R.I for one month under Section 377 IPC. The sentences are to run concurrently.

3. The prosecution story in brief is as follows:-

The prosecution story of the case in brief is that on 27.7.2011 one Lalthanpari D/o Ram Babu(L) of Lungsir, Mamit lodged a written FIR at Mamit Police Station to the effect that since the year 2009, her husband Pradhan used to have sexual as well as carnal intercourse with her daughter "Z", 9 yea


















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