LALZUILIANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. T. Lalnunsiama, the learned Amicus Curiae for the appellant. Also heard Mrs. Linda L. Fambawl, the Addl. Public Prosecutor for the State respondent.

(2.) This is an appeal from Jail by the convict appellant against the Judgment and Order dated 14.12.2016 passed by the Court of Special Judge under POCSO Act, 2012 in SC No. 68/2014 corresponding to Criminal Trial No. 1016/2014 convicting the appellant under Section 8 read with Section 18 of the POCSO Act and sentencing him to the period already undergone i.e. 2 years 7 months and 14 days. The appeal is also against the Judgment and Order dated 17.01.2017 passed by the same Court in SC No. 86/2014 corresponding to Criminal Trial No. 1177/2014 convicting the appellant under Section 4 of the POCSO Act and sentencing him to undergo Rigorous Imprisonment of 7 years with a fine of Rs. 1000/- and with a default clause. Be it stated herein that the victim/prosecutrix in both the cases are sisters. The victim/prosecutrix in S.C. No. 68/2014 at the time of the incident was about 13 years while her sister, the victim/prosecutrix in S.C. No. 86/2014 was 10 years at the time of the incident.

(3.) Since the appellant is convicted and sentenced in two separate case, Registry is directed to register a separate appeal in respect of SC No. 86/2014 corresponding to Criminal Trial No. 1177/2014. The appeal already registered as Criminal Appeal No. 21/2017 (J) shall be in respect of SC No. 68/2014 corresponding to Criminal Trial No. 1016/2014.