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2016 DIGILAW 785 (GAU)

F. Lalnunthara v. State of Mizoram

2016-08-17

MICHAEL ZOTHANKHUMA

body2016
JUDGMENT : Michael Zothankhuma, J. Today is fixed for sentence hearing, in view of the fact that though the Trial Court had recorded in its Judgment & Order dated 9.9.2013 that Trial Court was "not inclined to show leniency to the accused who had committed rape upon minor girl", the Trial Court has sentenced the appellant to undergo 7 years R.I. with a fine of Rs. 1,000/- i.d. another 2 months S.I., which is less than the minimum punishment/sentence provided for. 2. This Court having held that there was no infirmity in the impugned Judgment of the Trial Court convicting the appellant, this Court had convicted the appellant under Section 376(2)(f) IPC, where the minimum sentence to be imposed is 10 years. 3. Mr. A.R. Malhotra, learned Amicus Curiae submits that leniency may be shown to the appellant, in view of the fact that offence has been committed a long time ago and as State has not any preferred any appeal against the impugned Judgment & Order, wherein the appellant has been sentenced to undergo R.I for 7 years. 4. Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor on the other hand submits that as the Trial Court has committed an unintentional error, this Court should follow the provisions of the law strictly, unless special reasons are made out by the appellant. 5. I have heard the learned counsels for the parties. The reasons given by the Amicus Curiae to punish the appellant by giving him a lesser sentence than the minimum sentence in the opinion of this Court, does not constitute an adequate or special reason for punishing the appellant to a sentence less than the minimum punishment laid down under Section 376(2)(f) IPC. Accordingly, as the appellant has been convicted under Section 376(2)(f) IPC, this Court sentences the appellant to undergo R.I. for 10 years with a fine of Rs. 10,000/- i.d., 2 months S.I. 6. In view of the enhancement of the sentence/punishment awarded to the appellant, the Judgment & Order dated 9.9.2013 passed by the Session Court, Lunglei in Crl. No.20/2012, registration No. 241/2012 in Lunglei P.S. Case No. 14/2012 is hereby modified to the extent indicated above. 7. The appeal is accordingly dismissed and disposed of. 8. The fee of Mr. A.R. Malhotra, learned Amicus Curiae, which is fixed at Rs. 7,500/- shall be paid by the Mizoram State Legal Services Authority. 9. No.20/2012, registration No. 241/2012 in Lunglei P.S. Case No. 14/2012 is hereby modified to the extent indicated above. 7. The appeal is accordingly dismissed and disposed of. 8. The fee of Mr. A.R. Malhotra, learned Amicus Curiae, which is fixed at Rs. 7,500/- shall be paid by the Mizoram State Legal Services Authority. 9. Send back the LCRs.