(1.) Heard Mr. Aldrin Lallawmzuala, learned counsel for the appellant. Also heard Mrs. Linda L. Fambawl, learned Additional Public Prosecutor for the State.
(2.) This appeal has been filed against the Judgment and Order dtd. 19/1/2021 passed by the Special Court, POCSO Act, 2012 in SC No. 80/2018 arising out of Criminal Trial No. 837/2018, by which the appellant was convicted under Sec. 6 of the POCSO Act, 2012 and sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs.5000.00, in default Simple Imprisonment for 1 year, vide Sentence Order dt. 2/2/2021.
(3.) The prosecution case in brief is that an FIR was filed by one Mrs. M.S. Dawngliani, W/o Mr. L. Rinmawia, stating that her 15 year old sister "X" had been raped by the appellant in July/August 2016 at Ar Farm Veng, Phullen village in their jhum hut and in November 2017. He again raped the victim at Ar Farm Veng, Phullen village and once behind the Anganwadi building in Phullen village. On the basis of the FIR submitted by the victim's sister, Saitual Police Station Case No. 8/2018 dtd. 13/3/2018 was registered under Sec. 6 of the POCSO Act, 2012 and investigation was initiated.