LALBIAKLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalchhanliana Khiangte, learned counsel for the appellant and Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor for the State respondent. Also heard Mr. Lalremt-luanga, learned counsel for the respondent No. 2/complainant.

(2.) This is an appeal against the Judgment and Order dtd. 13/11/2020 passed by the Court of Special Judge, Protection of Children from Sexual Offences Act, 2012 (POCSO Act) in S.C No. 141/2015 A/o Crl. Tr. No. 1224/2015 whereby, the appellant was convicted under Sec. 8 of the POCSO Act and also against the Order of Sentence dtd. 1/12/2020 by which, the appellant on being convicted was sentenced to undergo 3 years simple imprisonment and to pay fine of Rs.10,000.00 with a default clause.

(3.) The case of the prosecution in brief is that a written FIR was received by the Officer-in-Charge, Serchhip Police Station on 17/11/2014 from K. Vanneia to the effect that on 16/11/2014 at around 4:30 PM, his daughter who was 16 years of age was forcefully carried by the appellant in a motorcycle and on reaching the jhum hut at Thingzawlhmun between Chhingchhip and Chhiahtlang, he attempted to rape her by kissing her on her lips and touching her breast and private part. Being very unhappy about the incident, he requested that necessary action be taken against the appellant so that he can be severely punished as per law. Following the filing of the FIR, Serchhip P.S Case No. 67/2014 dtd. 17/11/2014 under Sec. 376(2)(i) of the Indian Penal Code (IPC) r/w Sec. 8 of the POCSO Act was registered and the case investigated into. During the investigation, the Investigating Officer (I.O) visited the place of occurrence and examined the witnesses including the victim girl as well as the informant. The victim girl was sent for medical examination and was also produced before the Judicial Magistrate 1st Class for recording her statement under Sec. 164 Cr.P.C. The I.O upon concluding her investigation and upon finding a prima facie case well established against the appellant under Sec. 376(2)(i) IPC r/w Sec. 8 of the POCSO Act and Sec. 43(2) of Mizoram Liquor (Prohibition and Control) Act, 2014, filed the charge-sheet before the Court. Charge was then drawn up against the appellant under Sec. 8 of the POCSO Act and to which, he pleaded not guilty and claimed for trial. During the trial, the prosecution examined 7 prosecution witnesses but the defence did not examine any defence witness. The appellant was examined under Sec. 313 Cr.P.C and thereafter, upon hearing the parties, the Trial Court passed the impugned conviction order and also the order of sentence as already stated herein above.