This appeal under Section 374 of the Code of Criminal Procedure is directed against the judgment and order dated 1.3.2012 passed by learned Addl. Session Judge-I, Aizawl District, Aizawl convicting the appellant under Section 376 (2)(f) IPC in SR Case No. 167/2011 and sentencing him to suffer RI for 10 years with a fine of Rs. 5000/-, in default, to suffer RI for another 6 months.

2. The prosecution story is that on 29.7.2011, Kolasib Police Station received written ejahar from one H.C. Hrangkunga informing that on the same date at around 12/12:30 pm, the present accused K. Sangkhuma committed rape in his house on his 11 years old granddaughter. Thereupon, police registered Kolasib P.S. Case No. 47/2011 on 29.7.2011 under Section 376 (2) (f) IPC and started investigation.

3. The I.O visited the place of occurrence, drew sketch map and examined the witnesses including the victim girl and arrested the accused. Chargesheet was submitted against the accused after completion of trial. On being committed to sessions, the learned Session Judge framed the following charge against the accused by order dated 15.11.2011:–

“That you on 21.7.2011 at about 12:30 pm, you committed rape on (name wi

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