ORDER :

1. Heard Mrs. Linda L. Fambawl, learned Public Prosecutor for the State appellant and Mr. Victor L. Ralte, learned amicus curiae for the respondent.

2. This is an appeal filed against the judgment and order dated 28.11.2017 passed by the Court of Special Judge, Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) in S.C No. 113/2015 A/o Crl. Tr. No. 953/2015 convicting the respondent under section 10 of the POCSO Act and thereafter, sentencing him to rigorous imprisonment for 4 years with fine of Rs. 1,000 and in default, to undergo 15 days simple imprisonment vide the order of sentence dated 29.11.2017.

3. The case of the prosecution in brief is that on 11.4.2015, a written FIR was submitted by Zohmingthangi, President MHIP, Sakawrtuichhun to the effect that the respondent had repeatedly raped his own daughter since the year 2014 and that the last incident was on 11.4.2015. The parents of the victim girl were divorced and that she and her other sisters lived with their father, i.e., the respondent. The victim girl did not have the courage to reveal about the incident earlier and that she could do the same only on the night of 11.4.2015. Accordingly, Vaivakawn P