JUDGMENT :

Michael Zothankhuma, J.

Heard Mr. T. Lalnunsiama, the learned counsel for the petitioner as well as Mrs. Linda L. Fambawl, the Addl. Public Prosecutor for the State/ respondent No. 1. No one appears for the respondent No. 2.

2. This criminal revision petition has been filed under Sections 397/401 CrPC against the Judgment and Order dated 17.01.2019 and Sentence Order dated 31.01.2019, passed by the Special Court, POCSO Act, in Sessions Case No. 80/2014, by which the charge under Section 6 of POCSO Act has been altered to Section 354B IPC and the petitioner convicted under Section 354B IPC.

3. The petitioner has also been sentenced to undergo Simple Imprisonment for four years and to pay a fine of Rs. 20,000/-, in default, to undergo Simple Imprisonment for another six months.

4. The case of the prosecution is that on 01.06.2014, an FIR was submitted by the victim girl, namely, X , aged 17 years, stating that she had consumed liquor with four of her friends near Zotui Lui, near Chaltlang Dingdi Veng. While she was in a state of intoxication, she was raped (penetrative sexual assault) by the present petitioner and another person, whom she could not identify. Bawngkawn Police St