JUDGMENT :

Heard Mr. T. Lalzekima, learned Amicus Curiae for the appellant alongwith Mr. C. Zoramchhana, learned Public Prosecutor for the State.

2. This is an appeal against the Judgment and Order dated 24.05.2019 passed by the Judge, Special Court under POCSO Act, Lunglei Judicial District, Lunglei in Criminal Trial No. 264 of 2017, convicting the accused appellant under Section 6 of the POCSO Act, and against the Sentence Order dated 07.06.2019, whereby the accused appellant was sentenced to undergo R.I 10 years and pay a fine of Rs. 1000/-in default, S.I for one week.

3. The case of the prosecution in brief is that a written FIR was received at the Police Station on 2.10.2016 from one Amalya Ratan Chakma, S/o Krishna Chandro Chakma, of Karlui-II, stating that his 15-year-old daughter, X, had been raped by three persons, namely, (i) Chitti Kala Chakma, S/o Purna Kumar Chakma, and (ii) Y(Juvenile), S/o Kandara Chakma, (iii) Z, the 15-year-old juvenile son of Amakar Chakma, all of Karlui-II, at around 10:00 pm. on 23.9.2016 in the jungles near the wet rice cultivation of one Sudan Muni Chakma. The informant stated that he had been to Kamalanagar for some work and there was accordingly some delay in filing the FIR at Vasei police Station. On receiving the FIR, a Vasei P.S. Case No. 2/2016 dated 2.10.2016 under Section 376D of the Indian Penal Code read with Section 4 of the Protection of Children from Sexual Offences Act, 2012, was accordingly registered and investigated into. The accused appellant and co-accused were then arrested. As the third accused, Z, was a juvenile, he was apprehended and forwarded to the Principal Magistrate, Juvenile Justice Board, Lawngtlai. All the witnesses, including the alleged victim, the accused and the juvenile were examined. X's birth certificate showed that she was born on 3.12.2002. The alleged victim was forwarded to Court and her statement was recorded by the Chief Judicial Magistrate, Lawngtlai. She was sent for a medical examination which showed that there were old tears in her hymen. Chitti Kala Chakma was also sent for a medical examination and it was found that he was physically and mentally healthy and his genital organs were fully developed. From the investigation, it was established that a prima facie case under Section 6 of the POCSO Act was well-found against the accused, X and Chitti Kala Chakma, and also against the juvenile, Z and charge sheet was accordingly submitted for trial of the accused/ appellant under Section 6 of the POCSO Act.

The accused/appellant Chitti Kala Chakma, was released on bail on 01.11.2016. The Chargesheet included a list of nine witnesses on whom the prosecution proposed to rely. Among the documents forwarded were the pretrial statement of the alleged victim recorded on 4.10.2016 under Section 164 CrPC and under Section 25 of the POCSO Act by Mr. LaldinpuiaTlau, Chief Judicial Magistrate, Lawngtlai, and the medical examination report of the alleged victim and the accused.

The co-accused X was also found to be a Juveniles and his matter was also referred to JJB. The learned Trial Court framed charge against the accused appellant, Chitti Kala Chakma, on 2.11.2017 under Section 6 of the Protection of Children from Sexual Offences Act, 2012. The accused appellant denied the charge and claimed to be tried. Seven of the nine witnesses listed for the prosecution appeared and deposed. One of their witnesses, PW-4, who had statedly accompanied the victim prosecutor to the place where the alleged assault occurred, turned hostile and thereafter appeared as a witness for the defence.

4. On hearing both the parties, the learned Judge, Special Court under POCSO Act passed the impugned Judgment & Order dated 24.05.2019 covicting the appellant under section 6 POCSO Act and the sentence Order dated 07.05.2019 sentencing the accused to undergo R.I 10 years and pay a fine of Rs. 1000/-in default, SI for one week, hence, this jail appeal by the convict/appellant.

5. Mr. T. Lalz