RAMCHUHZAUVA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Ms. Rosalynn L. Hmar, learned Amicus Curiae appearing for the appellant along with Mrs. Mary L. Khiangte, learned Additional Public Prosecutor for the State respondent.

(2.) This is a jail appeal filed for setting aside the judgment and order dtd. 13/8/2019 passed by the learned Judge, POCSO Act, Champhai District in Criminal Trial No. 970/2016 wherein the appellant was convicted under Sec. 4 POCSO Act and was sentenced to undergo Rigorous Imprisonment for a period of 5 years with a fine of Rs.8000.00, i.d. Simple Imprisonment for another 5 months.

(3.) Facts of the case in brief is that an FIR was filed by the informant on 2/7/2015 to the effect that on 11/10/2014 one minor girl aged 10 years named 'X' was sexually assaulted by Mr. Ramchuhzauva (appellant) inside his residence. The incident came to light much later due to the victim being threatened by the accused/appellant. Accordingly, Khawzawl Police Station registered a case vide KZL PS Case No. 41/2015 dtd. 2/7/2015 under Sec. 4 of the POCSO Act against the accused/appellant. After due investigation, wherein the statement of the witnesses was taken and the victim was sent for medical examination The medical examination report revealed that the hymen of the prosecutrix/victim was not intact. The case I.O arrested the accused on 3/7/2015 and during interrogation, the accused was said to have admitted the charge made out against him. Accordingly, on finding prima facie case against the accused/appellant charge sheet was filed. The learned Trial framed charge against the accused under Sec. 4 POCSO Act, to which the accused pleaded not guilty and claimed for trial. During trial, as many as 13 prosecution witnesses were examined and after the examination of the accused under Sec. 313 Cr.P.C. wherein the plea of the accused was of complete denied, 2 (two) defence witnesses were also examined. The learned Trial Court after hearing both the parties and on considering the evidence on record, found the accused/appellant guilty under Sec. 4 of the POCSO Act and sentenced him to undergo the punishment as stated above.