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Sc No.19 /2014, A/O Crl.Tr .No. 239/2013, CPI- P.S Case No.147/2013 U/S 376(2)(I) IPC

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Sc No.19 /2014, A/O Crl.Tr .No. 239/2013, CPI- P.S Case No.147/2013 U/S 376(2)(I) IPC IN THE COURT OF ADDL.DISTRICT & SESSIONS JUDGE-I AIZAWL JUDICIAL DISTRICT, AIZAWL Sc No.19 /2014, A/o Crl.Tr .No. 239/2013, CPI- P.S Case No.147/2013 U/S 376(2)(I) IPC State of Mizoram : Complainant Vrs Biakchungnunga : Accused BEFORE Vanlalmawia Addl.District & Sessions Judge-I PRESENT For the opposite party : R.Lalremruata, Addl.PP. For the Accused : R. Thangkanglova, Advocate. Date of Judgment : 28.04.2016. ORDER Accused Biakchungnunga s/o Dozika of N. Khawbung stand for trial. Today is fixed for pronouncement of Judgment. The prosecution story of the case in brief is that on the night of 21.10.2013 at 10:00PM, one Hrilliana(43) s/o Lianchhuma of North Khawbung Village, Champhai District appeared at the P.S and submitted a written FIR to the effect that on the same day i.e. 21.10.2013 at around 4:00PM, his daughter Lallawmsangi(15) was forcibly raped by one Biakchungnunga(31) s/o Dozika of North Khawbung Village, Champhai District inside their residence. Hence, CPI-PS C/No. 147/13 Dt. 21.10.2013 u/s 376(2)(i) IPC was registered and duly investigated into. Page 1 of 14 During the course of investigation, the complainant was thoroughly and carefully examined and recorded his statement. The PO was visited but no physical clue was found at the PO and rough a sketch map of the PO was drawn. The Victim Lallawmsangi(15) d/o Hrilliana of North Khawbung village was forwarded to the Medical Officer, District Hospital, Champhai for Medical Examination. According to Medical Examination Report, hymen of the victim was old sign of tear, no active bleeding, no bruising/laceration on external genitalia and no spermatozoa seen on laboratory examination but there was discharge- whitish, recently after sexual assault. The victim was examined thoroughly and carefully. On examining her, she stated that she was allegedly raped by Biakchungnunga(31) S/o Dozika of North Khawbung on 21.10.2013 at around 4:00PM. On further examination, she stated that before the accused Biakchungnunga(31) s/o Dozika of North Khawbung, Champhai District have sexual intercourse with her on 21.10.2013, there was one person who was having sexual intercourse with her. She further stated that during the month of July, 2013, one Lalchhuanawma(18) s/o Hramliana of North Khawbung have sexual intercourse with her and she did not reveal that incident to her father as she was in fear of that person. From the statement of the victim and from the Medical Examination report, it was found out that one Lalchhuanawma(18) s/o Hramliana of North Khawbung had raped the victim several times. Hence, a suomoto FIR was submitted to O/C Champhai PS for registering a case against the accused Lalchhuanawma(18) s/o Hramliana of North Khawbung village. Birth Certificate and underpant which was worn by the victim at the time of incident was seized from the father of the victim in presence of two reliable witnesses and their statements were recorded. The seized articles were kept at PS Malkhana vide MR/No.123/13 and sent to Court. The accused Biakchungnunga(31) s/o Dozika of North Khawbung Village was arrested on the night of 21.10.2013 and interrogated him thoroughly and carefully. On interrogation, he stated that on 21.10.2013, he entered inside the house of Hrilliana and Hrilliana‟s daughter Lawmsangi was alone inside the house. He further stated that he grab her hands and pulled her on the bed forcefully and lean upon her which the brother of the girl caught him red-handed. Since, the Page 2 of 14 accused person admitted his guilt and confessed before Police, he was formally arrested in connection with this case by preparing proper arrest memo and his statement was also recorded. All available witnesses namely Lalromawia(12) s/o Hrilliana, Lalhlui(36) w/o H. Lallungmuana, Laldinthari(12) s/o Hmingthanmawia, Lalkawltira(11) s/o Lawmsanga and Laltinpari d/o Vanlala all of North Khawbung, Champhai District were examined and recorded their statements. From the statement of the complainant, victim, accused and witnesses collected during investigation, a prima facie case u/s 376(2)(i) IPC was found well established against the accused Biakchungnunga(31) s/o Dozika of North Khawbung Village. Charge u/s 376(2)(I) IPC is framed, read over to the accused in the language known to him to which he pleaded not guilty and claimed for trial. The prosecution examined as many as 11(eleven) witnesses, and two defence witnesses were also examined. PW No.1, who is also Complainant Hrilliana deposed that on 21.10.2013 on went back home from his selling of Charcoal, people are gathering at his neighbor house and he was told that his daughter was raped by accused Biakchungnunga and his daughter Lawmsangi was inside the house and asked about that and she told him that she was raped by the accused. They went to Champhai P/S with some NGO member, and submitted FIR, and Ext.P-1, is FIR and Ext.P-1(a) is his signature. In the Cross examination, he stated that he was informed by the doctor that his daughter was actually raped and Birth Certificate and underwear were seized by the Police. PW No.2 Lallawmsangi stated that on 21.10.2013 @ 4:00Pm, while I was alone at home, accused Biakchungnunga came to our house. He asked me the whereabout of my father and I told him that my father had gone to sell things. He then started touching me and forced me to the bedroom. I tried run but he kept on chasing me. He forced me to the bed. At this time, my brother‟s friends Dinthara and Kawltira entered our house but the accused shouted at them to Page 3 of 14 leave the house. As soon as they left, he then again forced me to the bed and he took off my pants and he also took off his own pants. He started to rape me and after a little while my brother came inside the bedroom and the accused was still on top of me. But I managed to get up and the accused left us. Me and my brother went to my uncle Pa Rorela‟s house. When my dad came home that night, we went to the MHIP, North Khawbung and then went to the Police when my father filed an FIR. XXX by D/L : It is not a fact that the accused did not insult his private part into my private part and nobody saw us at the time alleged rape. PW No.3 & 4, Sangthanga and H.K. Zawna are the seizure witness of the seizure of Victim‟s Birth Certificate and underwear by the Police. PW No.5 Lalromawia deposed that I read in Class- VI at N.Khawbung Government Middle School. On 21st October 2013 after school I went to U Duhsaka‟s house to watch TV. After a while I went to volley ball court to play, while I was at volley ball court my friend Dinthara and Kawltira informed me that one guy Biakchungnunga with curly hair tried to rape your sister Lawmsangi at your residence. We immediately rushed to my place and when we reached there one Biakchungnunga was on top of my sister and he was touching my sister‟s breast on the bed of my parents, when my sister Lawmsangi saw me she was crying out for help to me saying that „Mapui min chhan rawh‟ and I told Biakchungnunga to leave my house immediately and he got up from bed and leave my house. After that we went to my uncle Rorela‟s house to informed the said incident to him, however he is not at home and we told the matter/incident to his daughter namely Ramnunmawii. Page 4 of 14 PW No.6 Lalhlui deposed that on the evening of 21st October 2013, I received one telephone call from Chuailovi who is the wife of Hrilliana‟s younger brother informing me that one Biakchungnunga rape Lawmsangi D/o Hrilliana, and I asked her when and where the said incident took place, she told me that it was around the time for preparing dinner at Hrilliana‟s house. As a President of MHIP Khawbung „N‟ Champhai District, I told her that I will inform the matter/incident to our President MHIP Sub-Headquarters Champhai. After I finish my dinner I called our Vice President, MHIP Khawbung „N‟ Champhai District namely Lalbiakthuami to go to Pu Hrilliana‟s house. When we reached Pu Hrilliana‟s house Biakchungnunga was already there and told us that he did not rape Lawmsangi but Lawmsangi on the other hand told us Biakchungnunga raped her on that day and we told them to report the matter to the Police and to have Medical checkup.On that night me and my friend Lalbiakthuami and other members of MHIP, YMA, VC went to the Police Station Champhai with Pu Hrilliana and his family along with the victim. Cross examination by the Defence counsel: The time Chuailovi told me about incident was 3 or 4 pm there were houses near Hrilliana‟s house within a shouting distance. Personally I have not heard or seen anything about this alleged rape. PW No.7 Laldinthara deposed that I read in Class- VI at N.Khawbung Government Middle School. On 21st October 2013 I and my friend Kawltira after school we went to Pu Hrilliana‟s House to make fishing tools (nghakuai) as Pu Hrilliana have blacksmith, we also tried to invite Romawia S/o Hrilliana.
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