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2022 Supreme(Gau) 355

MARLI VANKUNG
Lalramthanga – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Joseph L. Renthlei, Ms. Mary Lalramngheti Mr. Samuel L. Pachuau
For the Respondent: Mrs. Linda L. Fambawl, Add. Public Prosecutor

JUDGMENT :

Heard Mr. Joseph L. Renthlei, learned counsel appearing for the appellant as well as Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor, Mizoram. The appellant has challenged the impugned Judgment & Order dated 15.02.2021 passed by the Special Court, POCSO Act, Aizawl in SC No. 184 of 2017, by which the appellant has been convicted under Section 8 of the POCSO Act, 2012 and sentenced to undergo 3 years Simple Imprisonment with a fine of Rs.1000/-, in default S.I. for 1 month, vide Sentence Order dated 01.03.2021.

2. The prosecution case in brief is that an FIR was submitted to the Officer-in-Charge, Vaivakawn Police Station, Aizawl on 19.08.2017 by one Ramnghinglova, s/o T. Sanghluna, R/o Chawnpui Vengthlang, Aizawl, stating that on 18.08.2017 at around 7:30 pm his daughter ‘X’ aged 4 years, was sexually assaulted in an enclosure used for cooking pigfeed by a person known to them as Pa Rama. In pursuance to the FIR submitted, Vaivakawn Police Station Case No.129/2017 was registered under Section 8 of the POCSO Act, dated 19.08.2017.

3. The appellant was arrested on 19.08.2017 (subsequently released on bail on 12.12.2017) and the victim girl X was medically examined by a

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