K. BEILUATHA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Samuel Vanlalhriata Chhangte, learned Amicus Curiae for the appellant and Mrs. Linda L Fambawl, learned Addl. Public Prosecutor appearing for the State.

(2.) This appeal from Jail filed by the appellant is directed against the Judgment and Order dtd. 8/5/2018 and the Order dtd. 9/5/2018 passed by the Court of Special Judge, POCSO Act, 2012, Siaha, Mizoram in SR No. 3/2018 by which, the appellant was convicted under Sec. 4 of the POCSO Act and then sentenced to undergo 8 years rigorous imprisonment with fine of Rs.3,000.00 with a default clause respectively.

(3.) The case of the prosecution in brief is that the appellant was alleged to have been committed penetrative sexual assault upon the victim, who was a minor girl aged 14 years on the night of 17/10/2017 inside the motor workshop at Meisatla along with NH-54, Siaha. An FIR was lodged by the informant on the same day before the Officer-in-Charge of Siaha Police Station. As a result of the FIR, the appellant was apprehended from his residence and was forwarded to the Medical Officer, Siaha for medical examination. In his deposition before the Police, the appellant stated that he and the victim were lovers and that he did not know the age of the victim and he never asked her age as well. He also stated that he and the victim had sex twice out of love. As for the victim, she stated before the Investigating Authority that she and the appellant had sex on free-will and there was no compulsion or use of force. They had sexual intercourse on 14/10/2017 and thereafter, on 17/10/2017. The investigation revealed that the victim was born on 4/8/2003 as per the birth certificate, while the appellant was found to be aged 19 years. Upon finding a prima facie case under Sec. 4 of the POCSO Act to be well established against the appellant, charge-sheet No. 124/2017 dtd. 27/11/2017 was submitted by the Police before the Court.