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2018 Supreme(Gau) 498

NELSON SAILO
Lalchullova – Appellant
Versus
State of Mizoram – Respondent


Advocates Appeared:
For the Appellant : Mr. Jonathan L. Sailo, Amicus Curiae
For the Respondent: Mr. A.K. Rokhum, Public Prosecutor

JUDGMENT & ORDER :

1. Heard Mr. Jonathan L. Sailo, the learned Amicus Curiae as well as Mr. A.K. Rokhum, the learned Public Prosecutor appearing for the State.

2. This is an appeal from jail filed by the accused appellant against the Judgment & Order dated 06.06.2017, passed by the learned Special Judge, Protection of Children from Sexual Offence Act, Aizawl in SC No. 1/2015 arising out of Criminal Trial No. 41/2015 convicting the accused appellant under Section 4 of the Protection of Children from Sexual Offence Act, 2012 (POCSO Act) and thereafter, sentencing him to undergo a Rigorous Imprisonment for 7 years vide Order dated 07.06.2017.

3. The case of the prosecution in brief is that an FIR was lodged by one Shri. Vanlalchaka, (PW 1) on 26.09.2014 to the effect that the accused appellant on 09.09.2014 sexually abused his daughter Zohmingliani, aged 6 years at the residence of one Laltluanga of North Khawlek. As a result, Darlawn P.S. Case No. 24/2014 dated 26.09.2014, under Section 376 (2) (i) of the IPC read with Section 4 of the POCSO Act was duly registered and investigated upon. Upon completion of the investigation, the Investigating Officer filed the charge sheet on 13.12.2014














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