SH. LALHMINGSANGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Ms. Emily L. Chhangte, learned Amicus Curiae for the appellant and Ms. Vanneihsiami, learned Additional Public Prosecutor appearing for the State of Mizoram for the respondent No. 1 as well as Mr. Lalramdinthara, learned Amicus Curiae for the respondent No. 2.

(2.) This jail appeal has been registered on receipt of an appeal petition from the appellant, Lalhmingsanga, who is currently detained in the Central Jail, Aizawl. The appeal petition has been forwarded to this Court through the Special Superintendent Central Jail, Aizawl. The appellant has impugned the judgment dtd. 6/12/2023, passed by learned Special Judge, (POCSO Act), Aizawl in S.C. No. 64/2019 (Criminal Trial No. 783/2019), whereby the appellant has been convicted under Sec. 6 of the POCSO Act, 2012 read with Sec. 376-AB of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for 20 years and to pay a fine of Rs.5,000.00 (Rupees five thousand), in default of payment of fine, to undergo further simple imprisonment for 1(one) week.

(3.) The facts relevant for adjudication of this jail appeal, in brief, are as follows: