H. LALREMRUATA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Jonathan Lalrintluanga, learned counsel for the petitioner. Also heard Ms. Mary L. Khiangte, learned P.P. for the State and Mr. Lalrokunga Pautu, learned Legal Aid counsel for the victim.

(2.) The appellant in this present appeal has assailed his conviction under Sec. 376(1) of the IPC 1860 (as amended up-to-date) sentencing him to undergo imprisonment for a term of 10 years. The prosecutrix (PW-1) had lodged an FIR on 22/4/2020 before the Officer-in-Charge, Mamit Police Station alleging that during May, 2019, the accused/appellant herein tempted her with love saying that he will divorce his wife and marry her. It was further alleged that the informant and the accused had became lovers and had indulged in sexual intercourse. The informant became pregnant and on 26/2/2020 she gave birth to a baby boy at District Hospital Mamit. The informant alleged that the accused had deceived her and he did not perform any of his duties as a father towards his son. Therefore, a request was made before the Police authority to take legal action against the person who did this to the informant.

(3.) The case was transferred to the West Phaileng Police Station and re-registered on 12/8/2020 as West Phaileng Police Station Case No. 16/2020 under Sec. 376(3) IPC r/w Sec. 6 of the POCSO Act. During the investigation, it was ascertained that the accused was the biological father of the child born to the prosecutrix. The baptismal certificate of the informant/victim was seized as proof of proof, whereupon it was also ascertained that the informant was a minor. Since the victim/informant was found to have completed 16 years of age at the time of commission of alleged offence upon her by the accused in the month of May 2019, there was no relevance of Sec. 376(3) of the IPC in the matter. However, since the baptismal certificate reveals that the informant was a minor, the provisions of Sec. 6 of the POCSO Act of 2012 were attracted. The Investigation Officer submitted the Charge-sheet No. 24/2020 dtd. 4/11/2020. The Charge-sheet was received on 19/11/2020 in the Court of learned Special Judge, POCSO, Aizawl Judicial District, Aizawl. On 15/3/2020, charge under Sec. 6 of the POCSO Act was framed against the accused and the same was read over to the accused and explained in a language known to him to which the accused/appellant herein pleaded not guilty and claimed for trial in accordance with of law.