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2017 Supreme(Online)(Gau) 142

IN THE GAUHATI HIGH COURT
M. Bobde, J
James Isaka v. State of Mizoram and Another


Advocates:
For the Appellants/Petitioners: Ms. H. Lalmalsawmi
For the Respondents: Mr. A.K. Rokhum

Table of Content
1. appellant convicted under s.376 ipc for raping a minor. (Para 2 , 3 , 4)
2. arguments on consent and age of the victim. (Para 5 , 6)
3. admission of guilt and reliability of victim's testimony. (Para 8 , 9 , 13 , 19)
4. legal provisions regarding consent and age in sexual offenses. (Para 16 , 17)
5. final sentencing decision and modification of original judgment. (Para 23 , 24 , 25)

1. Heard Ms. H. Lalmalsawmi, Amicus Curiae and Mr. A.K. Rokhum, Public Prosecutor.

2. The present appeal had been filed against the Judgment and Order dated 06.05.2014 passed by the Session Judge, Aizawl in Criminal Trial No. 2358/2012, wherein the appellant has been convicted under S.376(2)(f) IPC and sentenced to undergo R.I for a period of 10 years with a fine of Rs.2000/-, i.d S.I for one month.

3. The prosecution story of the case is that on 24.09.2012, one Vanlalhruaia, aged about 35 years of age, resident of Kanhmun Vengthar of Mamit District lodged a written complaint with the kanhmun PS, to the effect that one James Isaka S/o Lalrinthanga (L) of Kanhmun Vengthar had raped his daughter, Rani, 12 years of age, three times during July to September, 2012. Accordingly, Kanhmun PS Case No

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