LALDINGLUAIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Michael Zothankhuma, J.-Heard Mrs. Emily L. Chhangte, learned Amicus Curiae. Also heard Ms. Vanneihsiami, learned Addl. Public Prosecutor and Mr. C. Tlanthianghlima, learned Legal Aid Counsel for the respondent No. 2.

(2.) The challenge made in this appeal is to the impugned Judgment and Order dtd. 25/7/2023 passed by the Court of Addl. District & Sessions Judge-cum- Judge Fast Track Court, Kolasib in Crl.Trl. No. 209/2022 (SR No. 13/2022), by which the appellant has been convicted under Sec. 4 of the POCSO Act, 2012 and vide Order dtd. 7/9/2023 sentenced to undergo Rigorous Imprisonment for 20 years and to pay a fine of Rs.10,000.00, in default (i/d) of fine, to further undergo Rigorous Imprisonment for 1 month.

(3.) The prosecution case in brief is that an FIR dtd. 23/12/2021 was submitted by the informant (PW-1), the mother of the victim, who stated that on the evening of 23/12/2021 at around 3:30 p.m, her 6 year old daughter visited the house of the appellant and came home with a frightened look on her face. On questioning her, her daughter told her that the appellant had inserted his private parts into her private parts and told her not to tell her mother about it or else she would be scolded badly.