IBOMCHA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. B. Lalramenga, learned counsel for the appellant along with Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor for the State respondent.

(2.) This is an appeal against the Judgment and Order passed by the learned Special Court, POCSO Act, Lunglei Judicial District, Lunglei dtd. 20/3/2020 in Criminal Trial No. 224 of 2018 reference Lunglei P.S. Case No. 116/2018 dtd. 26/6/2018, wherein the appellant was convicted under Sec. 4 of the POCSO Act and for sentenced to undergo 7 (seven) years Simple Imprisonment with a fine of Rs.1,000.00 (Rupees One Thousand) id SI for 1 (one) week.

(3.) Facts of the case in brief is that on 26/6/2018 at 11:10 AM a written FIR was received from the alleged victim who will be referred as 'X' henceforth (17) years by Lunglei Police Station, to the effect that in the month of March 2018, the present appellant had entered the house of the 'X' while her other family members were away. According to the 'X' 's FIR, the appellant then pusher her down on a bed and sexually assaulted her by holding both her hands and had sex with her against her will and as a result, she requested the Police to take appropriate action against the present appellant. Hence, the Lunglei Police State Case No. 116 of 2018 dtd. 26/6/2018 U/s 4 of POCSO Act, 2012 was registered against the appellant. After the investigation was completed, a Chargesheet along with its annexures/enclosures was submitted before the Ld. Trial Court against the present appellant for trial. On framing charge under Sec. 4 of POCSO Act, the appellant pleaded not guilty and claimed for trial.