ISAK BIAKHMINGLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. T. Lalnunsiama, learned Amicus Curiae and Mr. C. Zoramchhana, learned Public Prosecutor, Mizoram.

(2.) The appellant has challenged the Judgment and Order dtd. 9/11/2021 passed by the Special Court, POCSO Act, Lunglei in Criminal Trial No. 223/2019, by which the appellant has been convicted under Sec. 376-AB IPC read with Sec. 6 of the POCSO Act, 2012 and sentenced to undergo 20 years Rigorous Imprisonment with a fine of Rs.5,000.00, in default, Simple Imprisonment for one month, vide sentence Order dtd. 11/11/2021.

(3.) The brief facts of the case is that an FIR was lodged by one Mr. Zothankhuma (PW-1) on 8/12/2018 before the Lawngtlai Police Station, alleging that his minor niece X was sexually assaulted by the appellant, in his sitting room at about 11:00 AM. The FIR was registered as Lawngtlai P.S. Case No. 54 dtd. 8/12/2018 under Sec. 376-AB IPC read with Sec. 6 of the POCSO Act.