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2021 Supreme(Gau) 799

Abdul Hoque – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vanlalnghaka, Amicus Curiae
For the Respondent: C. Zoramchhana, Addl. PP

JUDGMENT :

Nelson Sailo, J.

1. This appeal is filed by the appellant from Jail against the Judgment & Order dated 07.05.2018 passed by the Court of Addl. Sessions Judge, Siaha in S.R. No. 6/2018 convicting him under Section 448/376(1) r/w 511 of the Indian Penal Code (JJPC) and under Section 3 of the Bengal Eastern Frontier Regulation, 1873 (BEFR) and also against the Order of Sentence dated 08.05.2018 sentencing him to simple imprisonment for 3 (three) months under Section 448 IPC with fine of Rs. 1,000/-, with a default clause rigorous imprisonment for a period of 8 (eight) years with a fine of Rs. 10,000/- under Section 376(1) r/w 511 IPC with a default clause and simple imprisonment for 6 (six) days and fine of Rs. 500 under Section 3 of BEFR with a default clause. All the sentences have been directed to run concurrently.

2. The case of the prosecution is that on 11.09.2017 at around 2:00 AM, a written FIR was lodged by the prosecutrix stating that at around 1:00 AM, the appellant entered her house from the broken skirting of her rented house and he caressed her body and touched her breast. The officer-in-charge of Siaha Police Station therefore registered Siaha P.S Case No. 99/20

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