LIANSAWMKIMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalchhanliana Khiangte, learned Amicus Curiae for the appellant along with Mrs. Linda L. Fambawl, learned Public Prosecutor for the State respondents and Mr. Lalrokunga Pautu, learned Legal Aid Counsel for respondent No. 2.

(2.) This is a jail appeal against the Judgment and Order dtd. 24/8/2020 passed by the Court of Special Judge under POCSO Act, 2012, Aizawl in SC No. 17/2017 in connection with Crl.Tr. No. 186/2017, wherein the appellant was convicted under Sec. 4 of the POCSO Act and sentenced to undergo Simple Imprisonment for 7 years and pay a fine of Rs.1000.00, i.d. to undergo Simple Imprisonment for one week vide Sentence Order dtd. 26/8/2020.

(3.) Brief facts of the prosecution case is that on 26/9/2016, an FIR was received from the informant to the effect that her daughter aged 14 years went for a picnic with her friends at LAD Park, Lengpui. On that day, the taxi driver (accused) on the pretext of dropping her home took her to Buichali road and raped her inside his taxi. The informant had asked for the phone number of the taxi driver from their daughter's friend. However, the taxi driver had refused to pick up his phone even though they made several phone calls. He brought their daughter home at around 1:30 AM and their daughter informed them of the incident. They prayed that the legal action should be taken against the person who had raped their daughter. Accordingly, the case was registered as Sairang PS Case No. 33/2016 dtd. 26/9/2016 under Sec. 4 of the POCSO Act. After due investigation, a prima facie case was found against the accused/appellant and an FIR was duly submitted for trial before the Special Judge, POCSO Act, Aizawl. On 26/9/2016, a charge was framed under Sec. 342 IPC r/w Sec. 4 of the POCSO Act, to which the accused/appellant pleaded not guilty and asked for trial. During trial, as many as 13 prosecution witnesses were examined and the accused/appellant was examined under 313 CrPC. The accused prosecutrix also produced one defence witness. The learned Trial Court after considering the evidence adduced by the prosecution and the defence, acquitted the appellant/accused of the charge under Sec. 342 IPC, however, the learned trial court convicted the accused/appellant under Sec. 4 of the POCSO Act on 24/8/2020 and sentenced him to undergo S.I for 7 years and to pay a fine of Rs.1000.00, i.d. S.I for one week vide its Order dtd. 26/8/2020. Aggrieved, the instant appeal has been filed.