C. LALTHAKIMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalrokunga Pautu, learned Amicus Curiae for the appellant. Also heard Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the State respondent and Mrs. Emily L. Chhangte, learned Legal Aid Counsel for respondent No. 2.

(2.) This is an appeal against the Judgment and Order dt. 3/9/2022 passed by the learned Special Judge, Special Court, POCSO Act, Aizawl Judicial District, Aizawl on 3/9/2022 in S.C. No. 115 of 2018 and Crl. Trial No. 1418 of 2018 u/s 6 of POCSO Act, 2012 wherein the appellant was convicted u/s 6 of the POCSO Act and sentenced to suffer R.I. for 10 years and pay a fine of Rs.1000.00 (One thousand) i/d for another period of 1 year.

(3.) The brief facts of the case is that on 1/10/2018, an FIR was received from the informant/prosecutrix to the effect that her parents had divorced and her mother had re-married the present appellant. She started to live with them from December 2017. During the month of January - March, 2018, her step father had forcefully had sexual intercourse with her against her will many times in their residence at Thingsulthliah and in the jhum hut of a farm in the forest. Being aggrieved, she had filed the instant FIR so that legal action is taken against her step father. The FIR was duly registered as BKN-PS Case No. 156/2018 dtd. 16/7/2018 u/s 6 of the POCSO Act.