SH. ROSANGPUIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard learned Amicus Curiae Mr. Victor L. Ralte for the appellant, learned Public Pro-secutor Ms. Linda L. Fambawl for the resp-ondent State and Ms. Emily L.Chhangte, learned Amicus Curiae for the respondent No. 2.

(2.) An appeal has been preferred by Sh. Rosangpuia (hereinafter referred as the appellant or accused) from the jail challenging the judgment and order dtd. 18/2/2022 as well as the sentence dtd. 23/2/2022 passed by the learned Special Judge (POCSO), Lunglei Judicial District, Mizoram in connection with Crl. Tr. No. 353/2020, convicting the appellant under Ss. 6 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act for short) and sentencing him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.5000.00 (Rupees Five Thousand) with default stipulation and for offence under Sec. 12 of the POCSO Act and sentencing him to undergo rigorous imprisonment for one year and to pay a fine of Rs.1000.00(Rupees One Thousand) with default stipulation. The sentences are directed to run concurrently.

(3.) The genesis of the case was that on 10/3/2020 at about 6:00 PM, the victim 'X', aged about 10 years 9 months) was taken by the appellant to the ME School, Sertlangpui. Then, the appellant made her watch porn videos in his mobile phone and touched her breasts and inserted his hands inside her pants and poked his fingers into her private part. An FIR regarding this incident was lodged by 'Y', victim's father, which was registered as Lunglei PS C/No. 35/2020 under Ss. 4 and 12 of the POCSO Act and investigation commenced.