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2021 Supreme(Gau) 742

David Lallianthanga – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Aldrin Lallawmzuala.
For the Respondent: C. Zoramchhana.

JUDGMENT :

Nelson Sailo, J.

1. This is an appeal from jail directed against the Judgment and Order dated 12.10.2015 passed by the learned Sessions Judge, Aizawl in SR No. 22 of 2014 A/o Crl. Trl. No. 2134 of 2013 u/s. 376 (2)(i) of the Indian Penal Code (IPC) convicting the appellant under the aforesaid section of law. On being convicted as such, the appellant was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,000/- and in default thereof, to undergo simple imprisonment for one (1) month.

2. The case of the prosecution in brief is that on 02.12.2013, a written FIR was submitted by Lalmalsawmi (PW-1) of Zuangtui to the effect that on 01.12.2013, the appellant committed an offence of penetrative sexual assault upon her daughter who was a minor and 12 years of age. As a result, Bawngkawn P.S Case No. 224/2013 dated 02.12.2013 under Section 376 (2)(i) IPC r/w Section 4 of the POCSO Act, 2012 was registered and the case investigated into by the investigating officer (Case 10). During the course of investigation, the case I.O. examined the complainant as well as the victim, and records their statements. The victim was also forwarded to the Civil Hospital

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