K. LALRUATFELA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. J.H. Ricky Lalruatfela, learned Amicus Curiae for the appellant. Also heard Mrs. Emily L. Chhangte, learned Legal Aid Counsel for respondent No. 2 and Mrs. Mary L. Khiangte, learned Addl. PP for the State.

(2.) The fact of the case in brief is that a written FIR was lodged by the father of the victim at Darlawn P.S. on 6/10/2022. It was stated in the FIR that the victim was alone in their house on the evening of 2/10/2022 when the accused came in and assaulted her by pulling her into a bench and touched her breast and kissed her. Darlawn P.S. case No. 11 of 2022 dtd. 6/10/2022 was accordingly registered and investigated. Having found a prima facie case against the accused, the charge sheet was submitted containing a list of five prosecution witnesses along with the FIR, the arrest memo and birth certificate of the victim. Charge was framed against the accused person on 2/3/2023 under Sec. 8 of the Protection of Children from Sexual Offences, (POSCO) Act, 2012 and Sec. 354-A (2) of the Indian Penal Code (IPC). The accused pleaded not guilty and claimed to be tried. The defense produced one witness. The accused was examined under Sec. 313 Cr. P.C. on 7/9/2023.

(3.) The learned Trial Court framed three points for determination: