S. T. LALNGAMZOVA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Ms. Rosalynn L. Hmar, learned counsel for the appellant alongwith Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor for respondent No.1 and Ms. Ruthi Vanlalhruaii, learned counsel for respondent No.2.

(2.) This is an appeal under Sec. 374 Cr.PC against the impugned Judgment and Order dtd. 7/11/2019 passed by the Special Judge, POCSO Act, Lunglei in connection with Crl.Tr. No. 459/20196 arising out of Lawntlai PS Case No.47/2017 under Sec. 4 of POCSO Act, 2012.

(3.) The brief facts of the prosecution story is that a written FIR was filed at the Police Station on 23/8/2017 by one X, D/o Vanlalsanga, of Lungpuk, stating that at about 9:00 Pm on 19/8/2017, when she went outside to use the toilet, the accused, S.T. Lalngamzova, forcibly took her to his house where he kept her the whole night and raped her twice. The next morning she escaped from a window. The delay in filing the report, the informant stated in the FIR, was because she had waited for word from her father on how to proceed in the mater. Lawngtlai Police Station Case No. 47/2017 dtd. 23/8/2017 under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012, was accordingly registered and investigated into. The alleged victim and a number of witnesses were examined. X was forwarded to the District Hospital at Lawngtlai for a medical examination which showed that her hymen was ruptured. A pretrial statement she tendered was recorded by a judicial Magistrate. X's birth certificate, which was seized, showed that she was born on 5/5/2002 and was a child at the time of the alleged incident on 19/8/2017. It was concluded from the investigation that a prima facie case under Sec. 4 of the Protection of Children from Sexual Offences Act, 2012 was well-established against the accused and he was sent up for trial. The case was received by this Court on 14/12/2017 on commitment by the Chief Judicial Magistrate, Lawngtlai.