VANLALRAWNGBAWLA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. B. Lalramenga, learned counsel for the appellant, Ms. Linda L.Fambawl, learned Public Prosecutor for the State and Mr. T. Lalzekima, learnedLegal Aid Counsel for the respondent No. 2.

(2.) This is an appeal filed by the appellant against the Judgment and Order dtd. 21/11/2023 passed by the Court of the Additional District and Sessions Judge -cumJudge, Fast Track Court, Kolasib in Sessions Case (K) No. 19/2022 corresponding to Criminal Trial No. 56/2022 convicting the appellant under Sec. 6 of the POCSOAct and thereafter, vide order dtd. 7/12/2023 sentencing him to undergo Rigorous Imprisonment for a period of 20 years and to pay a fine of Rs.5,000.00with a default clause.

(3.) The case of the prosecution in brief is that on 15/1/2022, the mother of the victim submitted an FIR in Kawnpui Police Station stating that her daughter who is a minor was sexually assaulted by her school Headmaster (the appellant) in the early hours of 15/1/2022 at around 1:30 AM inside the office of the Headmaster,Lalfak Memorial High School, Kawnpui. As a result, Kawnpui P.S Case No. 1/2022under Sec. 6 of the POCSO Act dtd. 15/1/2022 was registered and investigation was conducted. During the investigation, the Investigating Officer (I/O) visited the place of occurrence and examined the complainant and the other witnesses and recorded their statements. Both the appellant as well as the victim were sent for medical check-up and the statements of the victim was recorded under Sec. 164 Cr.PC. Consequently, the I/O upon finding a prima facie case well established against the appellant under Sec. 6 of the POCSO Act, submitted the chargesheet before the Court and following the same, charge was framed against the appellant under Sec. 6 of the POCSO Act on 19/7/2022 and to which, he pleaded not guilty and claimed for trial. Therefore, the trial commenced and during which, the prosecution examined as many as 12 witnesses, including the prosecutrix while four (4) defense witnesses were examined by the defense. The appellant was also examined under Sec. 313 Cr.PC and upon hearing the parties, the learned Trial Court convicted and sentenced the appellant in the manner as already stated herein above.