SH. LALFELA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Ms. H. Lalmalsawmi, learned Amicus Curiae for the appellant. Also heard Ms. Mary L. Khiangte, learned Addl. P.P for the State and Ms. Emily L. Chhangte, learned Legal Aid Counsel for the respondent No.2.

(2.) The present appeal has been preferred by the appellant, who is presently serving the sentence imposed upon conviction under Sec. 6 of the POCSO Act, 2012, assailing the judgment and order dt. 25/7/2022, passed by the learned Judge, Fast Track Court-cum-Addl. District and Sessions Judge, Kolasib District, Kolasib in S.C(K) No. 30/2020, arising out of Crl. Tr. BBI. No. 114/2020. The appellant, by the aforesaid order, was convicted and by order dtd. 26/7/2022 he was sentenced to undergo rigorous imprisonment of 20 years and to pay a fine of Rs.20,000.00 and in default of payment of the fine, to undergo further rigorous imprisonment for 10 months.

(3.) Records received from the Trial Court reveal that an FIR was lodged before the Officer-in-Charge of the Bairabi Police Station, Bairabi by the grandfather of the victim on 18/6/2020 alleging that his granddaughter had been repeatedly raped by her father since January 2020 every time he got drunk and that his granddaughter was six months pregnant. The informant disclosed that the victim was 16 years old. In the FIR, it was stated that the accused lived in a separate house with the victim and that towards the end of the year 2020, the informant had brought his granddaughter to his home when he realized that she was pregnant.