N. BEILYTU Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Joseph L. Renthlei, the learned Legal Aid Counsel appearing for the appellant. Mr. C. Zoramchhana, learned Public Prosecutor appears for the State.

(2.) This appeal has been filed against the Judgment and Order dtd. 21/8/2018 passed by the Special Court, Siaha in SR No. 4/2018, by which the appellant has been convicted under Sec. 4 of the POCSO Act, 2012 and sentenced to undergo Rigorous Imprisonment for 20 years with a fine of Rs.2000.00, in default Rigorous Imprisonment for 20 days, vide Order dtd. 24/8/2018.

(3.) The prosecution case is to the effect that a written FIR was submitted by one Mr. H. Lalmalsawma of Theiri village on 8/9/2017 at 12:30 noon to the effect that the appellant had forcefully taken his daughter (13 years) in the evening of 6/9/2017 at around 5:30 PM to RMSA School compound, Theiri village and raped her there. The appellant thereafter forcibly took the victim to his house at Theiva village and made her spend the night there. The informant and his brother-in-law recovered the victim from the house of the appellant on 7/9/2017 at around 2:00 AM. As the victim informed the informant that she had been raped by the appellant, the informant lodged an FIR in the Tuipang Police Station on 8/9/2017. The same was registered as Tuipang P.S. Case No. 4/2017 on 8/9/2017 under Sec. 4/6 of the POCSO Act, 2012. The victim girl was produced before the Medical Officer on 8/9/2017 at 2:00 PM for medical examination, wherein it was found that the hymen had been torn. The appellant, who had in the meantime, absconded gave himself up before the Tuipang Police Station on 12/9/2017.