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Gauhati High Court
M.R. Pathak, J.
Lalhmingsanga - Appellant
Versus
State of Mizoram - Respondent
Crl.A. No. 34 (J) of 2014
Decided On : 31-03-2015
Indian Penal Code , 1860 - Sections Sections 354, 375 , 376 , 376(2)(f)/511, 377 – Criminal Procedure Code, 1973 - Section 161 , 313 and 428 - Committing rape on a minor girl - Evidence - Charge sheet - Appeal against Conviction - Police arrested FIR named accused appellant on visited place of occurrence drawn its sketch map by Seizure Memo (Exhibit-P2) seized Birth Certificate (Exhibit-P3) of victim, sent both victim as well as accused for their medical examination recorded statements of victim other witnesses acquainted with the facts of case & accused - On receipt of the Medical Reports of the victim (Exhibit-PVI), of the accused (Exhibit-P), his injury report (Exhibit-P5) and on completion of investigation, finding sufficient evidence against him - For allegedly committing rape on a minor girl by the accused/appellant learned Additional District & Sessions Judge-I, Aizawl on framed charge under Section 376(2)(f) IPC against him, which were read over & explained to him to which accused/appellant pleaded not guilty and claimed to be tried - As such trial commenced – Held, Investigating Officer has not been examined by prosecution during the trial of the case Court at this stage would not go to find out veracity of the same - It is also seen from the impugned Judgment that on being asked by learned Trial Court about those cases and his conviction & sentence accused/appellant answered in affirmative before him - Nonetheless, accused-appellant himself in his statement before learned Trial Court, admitted that he was released from jail on and he did not pay fine - Trial Court it is amply proved and beyond reasonable doubt that accused/appellant voluntarily had carnal intercourse with victim minor girl in the morning hours on the date of occurrence by forcefully inserting his male organ into her moth by threatening her against order of nature and also tried to insert his male organ into her private part removing her underwear and said act of accused/appellant clearly attracts the culpability - Appeal stands disposed of.
1. The accused/appellant, namely, Lalhmingsanga has preferred this criminal Appeal from jail being aggrieved with the judgment and order dated 18.04.2014 passed by learned Additional District & Sessions Judge-I, Aizawl Judicial District, Aizawl, Mizoram in the Sessions Case being Criminal Trial No. 1610/2012 corresponding to S.R. No. 350/201, arising out of Vaivakawn Police Station (District-Aizawl) Case No. 96/2012 by which the accused/appellant has been convicted under Sections 376(2)(f)/511 of the Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for a period of 10 (ten) years and to pay fine of Rs. 10,000/-, in default to undergo Rigorous Imprisonment for another one year, setting off the sentence of the period of detention already undergone by him during the investigation and trial of the case against the period of sentence under Section 428 of the Code of Criminal Procedure. The prosecution case, as it emerges from the First Information Report dated 08.07.2012 (Exhibit-P1) lodged by the informant Lalnunpuii, PW. 1 & mother of the victim before the Officer-in-Charge of Vaivakawn Police Station is that on the morning of 08.07.2012, Sunday around 07:00 a.m., her daughter, Ms. Z. (original name withheld), who was only 5 (five) years old was raped by Lalhmingsanga, the accused, below the step of Dinthar Transport Ground.
2. On receipt of said FIR, Vaivakawn Police Station Case No. 96 of 2012 under Section 376(2)(f) of the Indian Penal Code was registered against the accused/appellant.
3. During investigation, police arrested the FIR named accused appellant on 08.07.2012, visited the place of occurrence, drawn its sketch map, by the Seizure Memo (Exhibit-P2) seized the Birth Certificate (Exhibit-P3) of the victim, sent both, the victim as well as the accused for their medical examination, recorded the statements of the victim, other witnesses acquainted with the facts of the case & the accused under Section 161 Cr.P.C. On receipt of the Medical Reports of the victim (Exhibit-PVI), of the accused (Exhibit-P), his injury report (Exhibit-P5) and on completion of the investigation, finding sufficient evidence against him, the Investigating Officer vide Charge-Sheet No. 92/2012 dated 04.09.2012 filed the charge sheet in the case under Sections 376(2)(f)/511 of the IPC against the accused/appellant. Since the charge Section 376(2)(f) IPC being exclusively triable by the Court of Sessions, the learned Chief Judicial Magistrate, Aizawl on 26.09.2012 committed the case to the Court of learned Sessions Judge, Aizawl and accordingly, Sessions Case being Criminal Trial No. 1610 of 2012 corresponding to S.R. No. 350/2012 was registered.
4. On 26.09.2012 itself, learned Sessions Judge, Aizawl transferred the case records of said Criminal Trial No. 1610/2012 corresponding to S.R. No. 350/2012 to the Court of learned Additional District & Sessions Judge-I, Aizawl for its disposal. For allegedly committing rape on a minor girl by the accused/appellant, the learned Additional District & Sessions Judge-I, Aizawl on 05.11.2012 framed charge under Section 376(2)(f) IPC against him, which were read over & explained to him, to which the accused/appellant pleaded not guilty and claimed to be tried. As such the trial commenced.
5. In order to bring home the charges, against the accused/appellant, the prosecution, examined 7 (seven) witnesses on its behalf. The statement of the accused/appellant under Section 313 Cr.P.C. was recorded on 28.01.2013, where he denied all the allegations lodged against him.
The defence though cross-examined the prosecution witnesses, but did not adduce any evidence from its side.
6. The learned Additional District & Sessions Judge, Aizawl upon appreciation of the evidences adduced by the prosecution and hearing both the parties, found that the prosecution had been able to prove the case against the present appellant and accordingly recorded the impugned judgment of conviction for the offences an
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