JUDGMENT :

Heard Mr. Johny L. Tochhawng, learned Amicus Curiae alongwith Mr. C. Zoramchhana, learned Public Prosecutor for the State respondent.

2. This is a Jail appeal against the Judgment and Order dated 26.07.2019 passed by the learned Judge, Special Court, POCSO Act, Aizawl Judicial District, Champhai in Sessions Case No. 78/2015 arising out of Criminal Trial No. 1142/2015, vide CPI PS Case No. 158/2014 dated 08.12.2014 under Section 4 of the POCSO Act.

3. The appellant was convicted under Section 4 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for 7 years and to pay a fine of Rs. 5000/-, in default, Rigorous Imprisonment for one month vide, its Sentence Order dated 09.08.2019.

4. Brief facts of the case is that on 08.12.2014, one Mr. V.L. Chama Hnamte, Chairman, Child Welfare Committee, Champhai District submitted a written First Information Report (FIR) to the Champhai Police Station to the effect that one minor girl aged about 11 years was sexually assaulted by Mr. Lalthangliana/the appellant. As the mother and the appellant, who is the stepfather of the girl are both alcoholics, there was no one to submit the FIR and therefore, the complainant on being inform