Z. BEIREITHAI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This jail appeal is directed against the common Judgment & Order dtd. 24/1/2018 passed by the learned Special Judge under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in S.R No. 3/2016 whereby the 2 (two) accused persons were convicted under Sec. 10 of the POCSO Act and also against the Order dtd. 25/1/2018 by which they were sentenced to Rigorous Imprisonment for 5 years with a fine of Rs.2,000.00 and with a default clause. One of the convicted person i.e., Z. Beireithai has filed the present appeal from jail.

(2.) Be it stated herein that prior to the passing of the impugned Judgment and Order of conviction and the Order of sentence, the learned Trial Court had convicted the appellant and the co-accused person vide Judgment and Order dtd. 9/5/2017 under Sec. 6 and 18 of the POCSO Act r/w Sec. 34 of the Indian Penal Code (IPC) sentencing them to undergo Rigorous Imprisonment for 10 years and to pay fine of Rs.3,000.00 with a default clause vide Order dtd. 12/5/2017. The same was put to challenge by the co-accused Mr. Khaiche by filing Criminal Appeal No. 26/2017. The appeal came to be disposed of vide Judgment and Order dtd. 27/10/2017 by setting aside the impugned Judgment and Order of conviction and the Order of sentence and remanding the matter back to the Trial Court from the stage of framing charge. On such remand, the Judgment and Order of conviction and the Order of sentence impugned in this appeal has been passed by the Trial Court.

(3.) The case of the prosecution in brief is that on 31/5/2016, a written FIR was submitted by the prosecutrix to the effect that on the night of 29/5/2016 at about 6 pm, the appellant and the co-accused tried to rape her at D.Z Hill (Helipad). She somehow managed to escape from the accused persons when one Mr. Henry and his friends who were nearby came to her rescue. As a result, Siaha P.S Case No. 51/2016 dtd. 31/5/2016 under Sec. 8 of the POCSO Act r/w Sec. 34 IPC was registered and duly investigated into. Upon conclusion of the investigation, the case Investigating Officer (I/O) finding a prima facie case well established against the accused persons under Sec. 8 of the POCSO Act r/w Sec. 34 of the IPC filed the charge-sheet. It may be stated herein that initially, charge was framed under Sec. 4 r/w Sec. 18 of the POCSO Act on 14/2/2017 but during the course of the trial, charge was framed again under Sec. 6 and 18 of the POCSO Act r/w Sec. 34 IPC on 5/5/2017. After the appeal filed by the co-accused person i.e Criminal Appeal No. 26/2017 was remanded back to the Trial Court for reconsideration from the stage of framing of charge vide Judgment and Order dtd. 27/10/2017, charge was framed against the appellant under Sec. 10 of the POCSO Act on 16/1/2018. Charged was read over to the appellant and he was asked as to whether he pleaded guilty or not and to which, he simply pleaded guilty. In view of such plea, the learned Trial Court proceeded to hear the parties and thereafter, convicted and sentenced the appellant vide the impugned Judgment and Order of conviction and the Order of sentence as already stated herein above.