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2020 Supreme(Gau) 717

MICHAEL ZOTHANKHUMA, NELSON SAILO
C. Laihlo – Appellant
Versus
State of Mizoram – Respondent


Advocates Appeared:
For the Appellant : Victor L. Ralte, Amicus Curiae
For the Respondents: Linda L. Fambawl, Addl. PP

JUDGMENT :

Michael Zothankhuma, J.

1. Heard Mr. Victor L. Ralte, learned Amicus Curiae and with Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor.

2. This is an appeal against the Judgment & Order dated 25.06.2018 passed by the Special Court, POCSO Act, Siaha in SR No. 11/2018, by which the appellant has been convicted under Section 6 of the POCSO Act, 2012 and sentenced to undergo Rigorous Imprisonment for 15 years with a fine of Rs. 3,000/-, in default R.I. for 30 days, vide Sentence Order dated 26.06.2018.

3. The prosecution story in brief in that one Mr. H.C. Lalmuankima submitted an FIR on 18.2.2018 to the Officer-in-charge, Siaha Police Station, Siaha stating that his 2(two) minor girls, aged 9 years and 7 years were sexually molested by the appellant before Christmas, 2017. Consequently, Siaha Police Station Case No. 18/2018 was registered under Section 8 of the POCSO Act and investigation was initiated. The victim girls were sent for Medical examination on 18.02.2018. The Medical report of the elder victim stated that the hymen was not intact, while the hymen of the younger victim was found to be intact.

4. During the investigation, the statements of the victim girls were r

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