CHITTI KALA CHAKMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. T. Lalzekima, learned Amicus Curiae for the appellant alongwith Mr. C. Zoramchhana, learned Public Prosecutor for the State.

(2.) This is an appeal against the Judgment and Order dtd. 24/5/2019 passed by the Judge, Special Court under POCSO Act, Lunglei Judicial District, Lunglei in Criminal Trial No. 264 of 2017, convicting the accused appellant under Sec. 6 of the POCSO Act, and against the Sentence Order dtd. 7/6/2019, whereby the accused appellant was sentenced to undergo R.I 10 years and pay a fine of Rs.1000.00 in default, S.I for one week.

(3.) The case of the prosecution in brief is that a written FIR was received at the Police Station on 2/10/2016 from one Amalya Ratan Chakma, S/o Krishna Chandro Chakma, of Karlui-II, stating that his 15-year-old daughter, X, had been raped by three persons, namely, (i) Chitti Kala Chakma, S/o Purna Kumar Chakma, and (ii) Y(Juvenile), S/o Kandara Chakma, (iii) Z, the 15-year-old juvenile son of Amakar Chakma, all of Karlui-II, at around 10:00 pm. on 23/9/2016 in the jungles near the wet rice cultivation of one Sudan Muni Chakma. The informant stated that he had been to Kamalanagar for some work and there was accordingly some delay in filing the FIR at Vasei police Station. On receiving the FIR, a Vasei P.S. Case No. 2/2016 dtd. 2/10/2016 under Sec. 376D of the Indian Penal Code read with Sec. 4 of the Protection of Children from Sexual Offences Act, 2012, was accordingly registered and investigated into. The accused appellant and co-accused were then arrested. As the third accused, Z, was a juvenile, he was apprehended and forwarded to the Principal Magistrate, Juvenile Justice Board, Lawngtlai. All the witnesses, including the alleged victim, the accused and the juvenile were examined. X's birth certificate showed that she was born on 3/12/2002. The alleged victim was forwarded to Court and her statement was recorded by the Chief Judicial Magistrate, Lawngtlai. She was sent for a medical examination which showed that there were old tears in her hymen. Chitti Kala Chakma was also sent for a medical examination and it was found that he was physically and mentally healthy and his genital organs were fully developed. From the investigation, it was established that a prima facie case under Sec. 6 of the POCSO Act was well-found against the accused, X and Chitti Kala Chakma, and also against the juvenile, Z and charge sheet was accordingly submitted for trial of the accused/ appellant under Sec. 6 of the POCSO Act.