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2021 Supreme(Gau) 59

NELSON SAILO
Laltlinliana, S/o Lalhlimsanga – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Jonathan L. Sailo, Amicus Curiae
For the Respondent: Mrs. Linda L. Fambawl, Addl. Public Prosecutor, Mizoram.

JUDGMENT :

Heard Mr. Jonathan L. Sailo, learned Amicus Curiae as well as Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor appearing for the State respondent.

2. This is an appeal from jail filed by the accused/appellant against the Judgment & Order dated 18.06.2018 passed by the Court of Special Judge, Protection of Children from Sexual Offences Act, 2012 (POCSO), Mizoram, Aizawl in S.C No. 192/2016 in Criminal Trial No. 1867/2016 whereby, the appellant was convicted under Section 6 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 5,000/- and in default thereof, to undergo Simple Imprisonment for one (1) month.

3. Brief facts of the case is that an FIR was filed by one B. Vanlalthlamuani before the Officer-in-Charge, Bawngkawn Police Station on 26.10.2016 to the effect that her grand-daughter who was 11 years of age was sexually molested and raped by her grand-son i.e., the appellant herein, who was aged 30 years on various occasions in their house at Tuirial Airfield Vengthar. She stated that they came to learn about the incident only after her grand-daughter was questioned by the authorities in the orphanage home. She theref

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