LAWS(GAU)-2022-5-49

V. L. RENGCHHAWNA Vs. STATE OF MIZORAM

Decided On May 06, 2022
V. L. Rengchhawna Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) Heard Ms. RuthiVanlalhruaii, learned counsel appearing for the appellant as well as Mrs. Linda L. Fambawl, learned Additional Public Prosecutor, Mizoram.

(2.) The appellant has challenged the impugned Judgment and Order dtd. 23/2/2021 passed by the Special Court, POCSO Act, Aizawl, Mizoram in S.C. No. 19 of 2017 arising out of Kulikawn P.S. Case No. 140 of 2016 dtd. 20/10/2016by which the appellant is convicted undersection 8 of POCSO Act, 2012 and against the impugned Order dtd. 9/3/2021and sentenced to undergo 3 (three) years of simple imprisonment with a fine of Rs.1000.00 (rupees one thousand)only and in default of payment of the fine, another S.I. for 1 (one) month.

(3.) The prosecution story in brief is that on 20/10/2016, a written FIR was received from the Respondent No.2, stating that her granddaughter who was of 11 years was assaulted several times by the present appellant in 2016 and the respondent No.2 requested to take legal action in this respect. Hence, the Officer- in-Charge of Kulikawn, Police Station registered Kulikawn PS Case No.140/2016 dtd. 20/10/2016 U/s 8 of POCSO Act, 2012, and the matter was investigation into. The present appellant was arrested on 20/10/2016. The investigation was accordingly initiated and during the course of the investigation, the Prosecutrix was medically examined by Dr. P.C. Lalramhluna (Prosec-ution's Witness No.7) on 20/10/2016 and the appellant was also examined by Dr. V. Lalremruata (Prosecution's Witness No.6) on 20/10/2016. The prosecutrix's pre-trial Statement U/s 164 Cr.P.C. was also recorded on 21/10/2016. After the investigation was completed, a Chargesheet along with its anne-xures/enclosures was submitted before the learned Trial Court against the present appellant.