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2022 Supreme(Gau) 354

MARLI VANKUNG
Vanlalsawia – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. B. Lalramenga, Mr. Roshan Subedi, Ms. C. Lalhriatpuii, Mr. VanlalhruaiaVanchhawng, Ms. H. Kristazi, Ms. Lalhmingthangi Fanai, Mr. Lalrinchhana, Ms. Cassandra Zosangliani, Ms. Ruth Vanlalhruaii
For the Respondent: Mrs. Linda L. Fambawl, Addl. Public Prosecutor

JUDGMENT :

Heard Mr. B. Lalramenga learned counsel for the appellant along with Mrs. Linda L. Fambawl learned Addl. PP.

2. This is an appeal against the Judgment & Order dated 21.01.2021 passed by the Judge, Special Court, POCSO Act, Aizawl in SC No. 45/2017 in C/No.427/2017 A/o Saitual PS C/No 31/2016 by which the appellant was convicted under section 6 POCSO Act and sentenced to undergo R.I 10(ten) years with a fine of RS. 10,000/- I.D S.I for one month on 02.02.2021.

3. The case of the prosecution in brief is that on 21.11.2016, a written FIR was received at the Police Station, Saitual from one Lalroliani of Keifang Police Veng stating that her husband, Vanlalsawia, had raped their thirteen-year-old daughter X, at about 10:00 Am that day in their residence. That he had, on a number of earlier occasions touched her breasts with the intention of having sex with her. A case under Section 6 of the Protection of Children from Sexual Offences Act, 2012, was accordingly registered and investigated into. The place of occurrence was visited. She was forwarded to the hospital at Saitual for a medical examination which showed that her hymen was perforated. Her pretrial statement was recorded

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