SH. P.C. LALREMRUATA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr Victor L Ralte, learned Amicus Curiae, for the appellant, Ms Mary L Khiangte, learned Additional Public Prosecutor, for the respondent No. 1/State of Mizo-ram and Mr Johny L Tochhawng, learned Legal Aid Counsel for the respondent No. 2.

(2.) This appeal is directed against the Judgment and Order dtd. 8/12/2021 in SC No. 32/2019 A/o Crl.Tr.No.334/2017 passed by the learned Presiding Officer, Fast Track Special Court (Rape and POCSO Act), Aizawl Judicial District (hereinafter also referred to as the trial Court), convicting - 'A' -name withheld (hereinafter also referred to as the appellant or the accused), under Sec. 376 AB of the Indian Penal Code, 1860 ('IPC', for short) and sentencing him to undergo Rigorous Imprisonment for 20 years. An order was already passed to set off the custodial sentence with the period of detention already undergone by the appellant.

(3.) The genesis of the case was that an FIR was lodged by the victim's mother, 'Y' (hereinafter also referred to as the informant), contending that on 6/11/2018, at about 02:00 pm, the informant's son-'Z', who was only 9 years old at that time, informed her that he saw his father-'A' straddled atop the victim, who was 7 years old at the time of the incident. The informant is the victim's mother and the appellant-'A' is the victim's father. The informant lodged an FIR with the Police at Vivakawn Police Station and Vivakawn PS Case No. 183 of 2018 was registered under Sec. 376 AB of the IPC, read with Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act, for short) and investigation commenced. The Investigating Officer embarked upon the investigation. He recorded the statements of the witnesses and forwarded the victim for medical examination and for recording her statement under Sec. 164 of the Code of Criminal Procedure, 1973 (CrPC, for short). On conclusion of investigation, charge sheet was laid against the appellant under Sec. 376 AB IPC, read with Sec. 6 of the POCSO Act. At the commencement of trial, a formal charge under Sec. 376 AB IPC, read with Sec. 6 of the POCSO Act was framed and read over and explained to the appellant. The appellant abjured his guilt and claimed innocence.