LALFAKZUALA HRAHSEL Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. B. Lalramenga, learned counsel for the appellant and Ms. Linda L. Fambawl, learned Public Prosecutor for the respondent No. 1. None appears for the respondent Nos. 2 & 3 despite notice.

(2.) This is an appeal against the Judgment and Order dtd. 9/3/2023, passed by the Court of the Presiding Officer, Fast Track Special Court, POCSO Act, Aizawl in S.C No. 14/2020 corresponding to Criminal Trial No. 257/2020, by which, the appellant was convicted under Sec. 4 of the POCSO Act and sentenced to imprisonment for a term of twenty (20) years.

(3.) The case of the prosecution in brief is that on 25/9/2019, a written FIR was received from the respondent No. 2 by Vaivakawn Police Station to the effect that the victim, aged 15 years, who was studying in Class-VIII at Helen Lowry School, had been raped by the appellant inside his shop named 'LCT Pharmacy' located at Vaivakawn, Aizawl. As such, Vaivakawn P.S Case No. 149/2019 dtd. 25/9/2019, under Sec. 376(3) of the Indian Penal Code (IPC), read with Sec. 4 of the POCSO Act, was registered and the case investigated upon. Upon conclusion of the investigation, the Investigating Officer, finding a prima facie case established against the appellant, under the aforementioned Ss. , filed the charge sheet. Following the same, charge was framed against the appellant, under the said Ss. of law, by the Court of Special Judge, POCSO Act, Aizawl and to which, the appellant pleaded not guilty and claim to be tried. Accordingly, trial was conducted and during which, the prosecution side had examined as many as seven (7) prosecution witnesses, including the prosecutrix. The appellant was examined under Sec. 313 Cr.PC, and apart from cross-examining the prosecution witnesses, the appellant did not lead any defense evidence. Upon conclusion of the trial and after hearing the parties, the learned Trial Court convicted and sentenced the appellant in the manner as already indicated herein above.