JUDGMENT :

[Nelson Sailo, J.]

1. This is an appeal from Jail filed by the accused/convict (hereafter referred to as the appellant) against the Judgment dated 30.03.2021 passed by the learned Judge, Special Court under POCSO Act, Lunglei in Crl. Tr. No. 417/2019. The operative portion of the impugned Judgment by which the appellant was convicted and sentenced as contained in paragraph Nos. 25 & 29 are abstracted as below:-

“25. In view of the facts and circumstances stated above, the courts find the accused guilty and convict him for commission of offence of ‘aggravated penetrative sexual assaults’ as described in Section 3 read with Sub-Section (m) of Section 5 of the POSCO Act, 2012 and Section 376-AB read with Sub-Section (a) of Section 376 IPC. The accused shall either be liable for punishment under Section 6 of POSCO Act or section 376-AB of IPC in terms of Section 42 of POSCO Act.

29. Considering the submissions of the learned counsels and the convict, and also the fact that the convict is uneducated, born and brought up in a remote village where public awareness level is low, a first time offender with familial responsibility, he had no wife or children at present, and at the