VANLALHRIATA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. Victor L. Ralte, learned Amicus Curiae for the accused/appellant. Also heard Mrs. Vanneihsiami, learned Addl. Public Prosecutor for the State and Ms. Emily L. Khiangte, learned Legal Aid Counsel for the respondent No. 2/informant.

(2.) This appeal is presented against the Judgment and Order dtd. 13/8/2024, passed by the learned Presiding Officer, Fast Track Special Court, Protection of Children from Sexual Offences Act, 2012, Aizawl Judicial District, Aizawl, (hereinafter referred to as the "Trial Court"), in Session Case No. 76/2023, arising out of Criminal Trial No. 1444/2023, whereby the appellant was convicted under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012, (hereinafter referred to as the 'POCSO Act'), and sentenced thereof to undergo Rigorous Imprisonment for 20 (twenty) years and fine of Rs.2000.00, in default of payment of fine to suffer further Rigorous Imprisonment for 3 (three) months.

(3.) The brief facts of the case are that the President of Mizo Hmeichhe Insuihkhawm Pawl (MHIP), Sakawrtuichhun Branch, i.e., the informant/PW-1, lodged an F.I.R., on 8/6/2023, alleging, inter alia , that the victim, i.e., PW-2, who is aged about 13 years, was sexually molested from January 2020 to March 2020 by her own father, i.e., the accused/appellant. It is further alleged that the accused/appellant had sexual intercourse with the victim/PW-2 in their home around four times while she was just about 10 years old. Accordingly, a case was received and registered under Sec. 6 of the POCSO Act, 2012, read with 376 AB of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC").