SH. MALSAWMKIMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Ms. Lalngaihsaki Fanai, learned Amicus Curiae for the appellant. Also heard Mrs. Mary L Khiangte, learned Addl. Public Prosecutor for the State of Mizoram, and Mr. Lalrokunga Pautu, Legal Aid Counsel appearing for the respondent No. 2.

(2.) This is an appeal against the impugned Judgment and order dtd. 27/9/2024 passed by a Special Judge, POCSO, Aizawl in S.C Case No. 105/2022 arising out of Crl. Tr. No. 1237/2022, pertaining to Saitual P.S Case No. 18/2022, by which the appellant was convicted under Sec. 6 of the POCSO Act read with Sec. 376 AB and Sec. 506 IPC for committing the offence of aggravated penetrative sexual assault, rape and criminal intimidation on a 4 year old girl.

(3.) The learned Trial Court also passed the sentence order dtd. 1/10/2024 pursuant to the conviction of the appellant vide Judgment and Order dtd. 27/9/2024, sentencing him to undergo Rigorous Imprisonment for 20 years and a fine of Rs.50,000.00, in default to undergo Simple Imprisonment for 3 months under Sec. 6 of the POCSO Act. The appellant was also sentenced to undergo Rigorous Imprisonment for 20 years with a fine of Rs.50,000.00, in default to undergo Simple Imprisonment for 3 months in terms of Sec. 376 AB IPC and sentenced to undergo Rigorous Imprisonment for 1 (one) year under Sec. 506 IPC.