VANLALVENA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Samuel Vanlalhriata Chhangte, learned Amicus Curiae and Mr. C. Zoramchhana, learned Additional Public Prosecutor, Mizoram for the State.

(2.) This appeal has been filed against the Judgment and Order dated 30.08.2019 passed by the Special Court, POCSO Act, 2012, Champhai in Sessions Case No. 70/2018, arising out of Criminal Trial No. 794/2018, by which the appellant was convicted under Section 6 of the POCSO Act, 2012 and sentenced to undergo Rigorous Imprisonment for life with a fine of Rs. 5,000/- and in default thereof, further R.I. for 2 months.

(3.) The prosecution story in brief is that an FIR was lodged by the aunt of the victim on 04.05.2018 with the Officer-in-charge, Champhai Police Station to the effect that her niece, who was 4 years old, had been taken by the appellant into his house and inside the bedroom. The appellant then kissed her private parts and inserted his finger therein. He even made her touch his private parts. The complainant also stated that she had reason to believe that the appellant had tried to rape her niece. On the basis of the FIR dated 04.05.2018, Champhai Police Case No. 46/2018 dated 04.05.2018 was registered under Section 10 of the POCSO Act, 2012. The victim was taken for medical examination on the same day and the medical report stated that the victim's hymen had been torn and penetrated.