H. LALHMINGMAWIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Victor L. Ralte, learned counsel for the appellant and Mrs. Linda L. Fambawl, learned Additional Public Prosecutor.

(2.) The present appeal has been filed against the Judgment and Order dt. 9/8/2021 passed by the Court of Judge, Special Court, POCSO Act, in FPSC (CPI) POCSO 2/2021 arising out of AC No. 48/2015 arising out of Criminal Trial No. 496/2015, by which the appellant has been convicted under Sec. 6 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for a term of 15 years with a fine of Rs.5000.00, i.d. of payment of fine, Simple Imprisonment for 1 (one) month.

(3.) The facts of the case in brief is that an FIR dtd. 5/11/2014 was submitted by the informant (PW-1), the mother of the victim to the OC, Ngopa Police Station. The FIR stated that her daughter (victim), a student of Class IV in Government Primary School, Saichal was raped by her teacher (the appellant), in the school class room and inside the office. The appellant inserted his finger inside her private parts and the victim was afraid of revealing the matter as the appellant had threatened her. Pursuant to the FIR, NOP PS Case No. 33/2014 dtd. 5/11/2014 under Sec. 376(2)(i)(k)/506 IPC r/w Sec. 6 of the POCSO was registered against the appellant. Investigation of the case was initiated and the victim was sent for medical examination. After concluding his investigation, the Investigating Officer having found a prima facie case under Sec. 372(2)(i)(k)/506 IPC r/w Sec. 6 of the POCSO Act against the appellant, charge sheet was submitted. The case was committed to the District and Sessions Judge, Aizawl.