JUDGMENT :

Michael Zothankhuma, J.

Heard Mr. Joseph L. Renthlei, the learned Legal Aid Counsel appearing for the appellant. Mr. C. Zoramchhana, learned Public Prosecutor appears for the State.

2. This appeal has been filed against the Judgment & Order dated 21.08.2018 passed by the Special Court, Siaha in SR No. 4/2018, by which the appellant has been convicted under Section 4 of the POCSO Act, 2012 and sentenced to undergo Rigorous Imprisonment for 20 years with a fine of Rs. 2000/-, in default Rigorous Imprisonment for 20 days, vide Order dated 24.08.2018.

3. The prosecution case is to the effect that a written FIR was submitted by one Mr. H. Lalmalsawma of Theiri village on 08.09.2017 at 12:30 noon to the effect that the appellant had forcefully taken his daughter (13 years) in the evening of 06.09.2017 at around 5:30 PM to RMSA School compound, Theiri village and raped her there. The appellant thereafter forcibly took the victim to his house at Theiva village and made her spend the night there. The informant and his brother-in-law recovered the victim from the house of the appellant on 07.09.2017 at around 2:00 AM. As the victim informed the informant that she had been raped by