Point of law : Offence of Rape –Testimony of prosecutrix – No motive of victim to falsely implicate Appellate – Conviction upheld.

JUDGMENT :

Heard Mr. T. Lalnunsiama, learned Amicus Curiae for the appellant and Mr. C. Zoramchhana, learned Public Prosecutor for the State respondent.

2. This is an appeal against the Judgment & Order dated 14.03.2018 passed by the learned District & Sessions Judge, Lunglei Judicial District, Lunglei, who on conviction of the appellant under Section 376 (1) IPC, sentenced him to undergo Rigorous Imprisonment for 7 years with a fine of Rs. 5000/-, i.d. Simple Imprisonment for 1 (one) month.

3. The brief facts of the case is that an FIR was submitted on 17.07.2017 by the prosecutrix Zonunpari to the effect that on 16.07.2017 at around midnight Lalbiakmuana, S/o Hranglawta of Zotuithiang came to their house and tried sleeping next to her. She then moved and slept on the couch however, he came and slept next to her by placing another couch next to her. Thereafter, he approached her and throttled her and had sexual intercourse with her against her will. The case was registered under Section 376 (1) IPC, Lunglei PS Case No. 103/2017 dated 17.07.2017. On investigation of the case, the place of occurrence was visited and sketch map of the P.O was drawn. The victim/complainant was examined and her statement recorded. She was thereafter sent for medical examination to the Civil Hospital, Lunglei by the Medical Officer, Dr. Zonunmawii, on receipt of the medical examination report, the victim was forwarded to the Court of CJM, Lunglei for recording her judicial statement. The accused Lalbiakmuana, S/o Hranglawta of Zotuithiang was arrested and he confessed his guilt before the Police. Other witnesses were also examined and their statements recorded. Thereafter, a prima facie under Section 376 (1) IPC was found against the accused and charge sheet was accordingly submitted.

4. Charge under Section 376 (1) IPC was framed against the accused on 25.08.2017, to which the accused pleaded not guilty and asked for trial. During trial, the prosecution examined 8 (eight) prosecution witnesses. Thereafter, the accused was examined under Section 313 Cr.P.C., wherein the accused had denied the evidence adduced against him and 3 (three) defence witnesses were examined. The learned Trial Court on consideration of the evidence adduced by the prosecutrix and the prosecution witnesses found the accused guilty under Section 376 (1) IPC and on conviction of the accused sentenced him to undergo Rigorous Imprisonment for 7 years with a fine of Rs. 5000/-, i.d. Simple Imprisonment for 1 (one) month. Aggrieved by this Order dated 14.03.2018, the appellant has filed this appeal from the District Jail, Aizawl.

5. Mr. T. Lalnunsiama, learned Amicus Curiae appearing for the appellant submits that the Judgment & Order dated 14.03.2018 passed by the learned District & Sessions Judge, Lunglei Judicial District, Lunglei is liable to be set aside, since the offence of rape has not been proved by the prosecution in this case. The prosecutrix and the appellant are known to each other and the evidence shows that the appellant often visits the prosecutrix and that if any sexual intercourse took place, it will be on the consent of the said prosecutrix. There is no corroborative evidence to show that the offence of rape was committed on the prosecutrix. The medical examination was conducted on 17.07.2017 when the incident is supposedly to have taken place on 16.07.2017, which means medical examination was done within a few hours of the alleged incident. However, no marks of violence was found on the body of the prosecutrix. There were no semens stains found. That from the evidence it is seen that the prosecutrix was widowed from the year 2010 and if she had been raped on 16.07.2017, there should have been signs of forceful intercourse on her body. That the defence witness Nos. 1, 2 & 3 have all stated that the accused has no previous case or conviction against him and that he is having good moral character and has never been previously known to misbehave against the opposite sex.