SH. LALRAMTHANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Joseph L. Renthlei, learned counsel appearing for the appellant as well as Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor, Mizoram. The appellant has challenged the impugned Judgment & Order dt. 15/2/2021 passed by the Special Court, POCSO Act, Aizawl in SC No. 184 of 2017, by which the appellant has been convicted under Sec. 8 of the POCSO Act, 2012 and sentenced to undergo 3 years Simple Imprisonment with a fine of Rs.1000.00, in default S.I. for 1 month, vide Sentence Order dtd. 1/3/2021.

(2.) The prosecution case in brief is that an FIR was submitted to the Officer-in-Charge, Vaivakawn Police Station, Aizawl on 19/8/2017 by one Ramnghinglova, s/o T. Sanghluna, R/o Chawnpui Vengthlang, Aizawl, stating that on 18/8/2017 at around 7:30 pm his daughter 'X' aged 4 years, was sexually assaulted in an enclosure used for cooking pigfeed by a person known to them as Pa Rama. In pursuance to the FIR submitted, Vaivakawn Police Station Case No.129/2017 was registered under Sec. 8 of the POCSO Act, dtd. 19/8/2017.

(3.) The appellant was arrested on 19/8/2017 (subsequently released on bail on 12/12/2017) and the victim girl X was medically examined by a Medical Doctor, who found no bruising or lacerations on her external genitalia. During investigation of the case by the Police I.O, the statement of 8 (eight) prosecution witnesses were recorded and the victim girl also gave her judicial statement to the Judicial Magistrate under Sec. 164 Cr.P.C on 21/8/2017. The birth certificate of 'X' was seized which showed that she was born on 14/2/2013. Thereafter, charge sheet was filed on 9/10/2017.