J. SANGLURA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalpianfela Chawngthu, learned counsel for the appellant, Ms. Mary L. Khiangte, learned Addl. Public Prosecutor for the State and Mr. T. Lalzekima, learned Legal Aid Counsel for respondent No. 2.

(2.) This is an appeal filed by the appellant against the Judgment and Order dt. 19/9/2022 passed by the Presiding Officer, Fast Track Special Court, POCSO Act, Aizawl in S.C Case No. 30/2019 corresponding to Criminal Trial No. 332/2019 by which the appellant was convicted under Sec. 6 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for 20 years with a fine of Rs.10,000.00 and in default to undergo further Rigorous Imprisonment for six (6) months.

(3.) The case of the prosecution in brief is that an FIR was lodged on 19/9/2018 by the complainant (PW-1) to the effect that the appellant on 5/9/2018 had sexual intercourse with the prosecutrix who is her grand-daughter and that he had also earlier committed sexual intercourse with her in the year 2016 and in the month of July, 2018 as well. As a result, Serchhip P.S Case No. 78/2018 dtd. 19/9/2018 under Sec. 6 of the POCSO Act was registered and investigated into. Upon the conclusion of the investigation, the case I/O (PW-10) finding a prima facie case under Sec. 376(3) IPC read with Sec. 6 of the POCSO Act to be well established against the appellant, filed the chargesheet.