LALBIAKLIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Jordan Rohmingthanga, learned Amicus Curiae for the appellant and Ms. Mary L Khiangte, learned Addl. Public Prosecutor for the State of Mizoram and Mr. Lalramdinthara, learned counsel for the informant.

(2.) The prosecution story as unfolded is that an FIR was lodged by the mother of the victim stating inter alia that her son, 17 years of age, was sexually molested by her neighbor i.e. the appellant ever since her son was 10 years old. She further stated that the appellant sexually molested him by making him suck his private part and that he makes their private parts brush each other and further that he would also often ejaculate on her son's body. On receipt of the said FIR, the police registered the same as BKN-Police Case No. 432 of 2023, dtd. 12/7/2023 under Sec. 6 of the POCSO Act. On completion of the investigation, the police submitted charge-sheet against the appellant under Sec. 6 of the POCSO Act on 12/7/2023. After complying with the required procedures, the Special Judge, POCSO, Mizoram, Aizawl, framed the charge against the appellant under Sec. 6 of the POCSO Act and the same was read over and explained to the appellant to which the appellant pleaded not guilty and the trial was conducted.

(3.) During the trial, the prosecution examined seven witnesses including the Investigating Officer (I.O). Thereafter, the appellant was examined under Sec. 313 of Cr.P.C and on completion of the trial, the learned Special Court convicted the appellant mainly on the statement of the victim under Sec. 6 of the POCSO Act and sentenced him to undergo R.I. for a period of 20 years with a fine of Rs.3000.00 and in default of the payment of fine, he was further directed to undergo R.I. for another period of two (2) months.