LALHLIMPUIA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Ms. Lalngaihsaki Fanai, learned Amicus Curiae for the appellant. Also heard Ms. Vanneihsiami, learned Addl. Public Prosecutor for the respondent No. 1 and Mr. C. Tlanthianghlima, learned Legal Aid Counsel for the respondent No.2.

(2.) This is an appeal from Jail filed by the convict/appellant against the Judgment and Order dtd. 10/7/2023 passed by the Court of the Additional District and Sessions Judge -cum- Judge, Fast Track Court, Kolasib in S.R. No. 31/2022 (Crl.Trl.No. 156/2022), convicting the appellant under Sec. 6 of the POCSO Act, 2012 and also under Ss. 363 and 377 IPC. The appellant has been sentenced to undergo Rigorous Imprisonment for 20 (twenty) years and to pay a fine of Rs.50,000.00, i/d of fine to undergo Rigorous Imprisonment for 1 (one) year under Sec. 6 of the POCSO Act, 2012. The appellant has also been sentenced to undergo Simple Imprisonment for a period of 5 (five) years and to pay a fine of Rs.5,000.00, i/d Simple Imprisonment for 5 (five) months under Sec. 363 IPC. The appellant has also been sentenced to undergo Simple Imprisonment for 5 (five) years and to pay a fine of Rs.5,000.00, i/d Simple Imprisonment for 5 (five) months under Sec. 377 IPC.

(3.) The prosecution case in brief is that an FIR was lodged by the mother of the victim boy aged 11 years on 28/5/2022 before the Officer-in-Charge, Kolasib Police Station. The informant, who is the Prosecution Witness-1 (PW-1) stated in her FIR that the victim boy aged 11 years was threatened by a certain person between 3:00 a.m. to 6:47 a.m. on 28/5/2022 and took him from Diakkawn Thomas Tyre Works to the outskirts of Salem Veng. From there the victim was taken to a certain jhum hut located at Bakpuk road beyond Project Veng (locality) and then to Lalhlira's jhum hut, where he forcefully had anal sex with the victim. The appellant even forced the victim to touch his private parts. The victim was also threatened by the appellant with a knife and was told that he would be stabbed if he did not follow the commands of the appellant. That the victim managed to escape when the appellant fell asleep.