LALREMRUATA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. C. Tlanthianghlima, learned Amicus Curiae representing the appellant. Also heard Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the respondent No. 1 and Mr. Lalramdinthara, learned Legal Aid Counsel for respondent No. 2.

(2.) The instant Criminal Appeal has been preferred from jail against the Judgment and Order dtd. 13/11/2023 passed by the Fast Track Special Court, POCSO Act, 2012, Aizawl in S.C. No. 17/2021, by which the appellant was convicted under Sec. 6 of the POCSO Act, 2012 and sentenced to undergo Rigorous Imprisonment for a term of 20 years and pay a fine of Rs.2000.00, in default to undergo Rigorous Imprisonment for 2 months. Aggrieved by the said conviction and sentence imposed upon him, the appellant has filed the instant Criminal Appeal.

(3.) Brief facts of the case is that on 19/11/2020, the informant Mr. R. Lalmalsawma filed a written FIR stating that the accused/appellant Lalremruata had sexual intercourse with his daughter multiple times. The informant requested that action be taken against the accused/appellant, Lalremruata. An all women P.S. Case No. 47/2020 dtd. 19/11/2020, under Sec. 6 of the POCSO Act, 2012 was registered and duly investigated into. During investigation, the case IO visited the place of occurrence and also examined and recorded the statement of the witnesses. The victim was forwarded to the Medical Officer, Civil Hospital, Aizawl for necessary medical examination and the medical report revealed that the hymen of the victim girl was ruptured. The Birth Certificate of the victim was also seized, wherein the date of birth of the victim girl was shown as 18/2/2003, making her 17 years and a few months at the time of the incident. The accused/appellant on interrogation had also admitted that he had sexual intercourse with the victim. The case IO found prima facie case under Sec. 6 of the POCSO Act against the accused/appellant and submitted his charge sheet.