GANESH SUNAR Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Jordan Rohmingthanga, learned amicus curiae appearing for the appellant. Also heard Mrs. Mary L. Khiangte, learned Additional Public Prosecutor appearing for the State respondent and Mr. Lalrokunga Pautu, learned Legal Aid Counsel, appearing for the respondent No. 2.

(2.) The present appeal is filed under Sec. 415(2) of the Bharatiya Nagaraik Sura-ksha Sanhita, 2023, (hereinafter referred to as the "BNSS") [corresponding to S. 374 of the Code or Criminal Procedure, 1973, (hereinafter referred to as the "CrPC")] against the judgment dtd. 21/3/2024 and the sentence order dtd. 4/4/2024 passed by the learned Special Judge, POCSO Act, Aizawl District, (hereinafter referred to as the "trial court") in Sessions Case No. 40 of 2022, arising out of Criminal Trial No. 443 of 2022, Aizawl P.S. Case No. 644/2021, whereby the appellant was convicted under Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the "POCSO Act"), and was convicted and sentenced to undergo simple imprisonment for 5 (five) years and to pay fine of Rs.10,000.00 (rupees ten thousand); in default of payment of fine, simple imprisonment of 1 (one) month.

(3.) The prosecution story is that on 24/12/2021 a written F.I.R. was submitted by the respondent No. 2/PW-1 (Nir Bahadur Sunar), stating, inter alia, that on 23/12/2021, near Jivan Sang Republic Vengthlang Church, the accused/appellant, aged about 28 years, sexually assaulted his son PW-6/victim, who was aged about 4 years, by inserting his penis inside the anus of the victim "x". Accordingly, a case was registered as Aizawl P.S. Case No. 644/2021 dtd. 24/12/2021 under Sec. 6 of the POCSO Act.