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2023 Supreme(Gau) 466

NELSON SAILO, AJIT BORTHAKUR
Lalpianga – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Lalngaihsaki Fanai (Amicus Curiae)
For the Respondent: Mrs. Linda L Fambawl (Addl.PP)

JUDGMENT :

Nelson Sailo, J.

Heard Ms. Lalngaihsaki Fanai, learned Amicus Curiae for the appellant and Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor for the State respondent.

2. This is an appeal from jail filed by the appellant against the Judgment & Order dated 07.06.2019 passed by the Court of Special Judge, POCSO Act, 2012, Lunglei, Mizoram convicting him under Section 6 of the POCSO Act and sentencing him to undergo Rigorous Imprisonment for 12 years and to pay a fine of Rs. 10,000/- and in default thereof to undergo further Simple Imprisonment for 6 (six) months.

3. The case of the prosecution in brief is that an FIR was lodged before the Officer-in-Charge of Lawngtlai Police Station on 20.11.2017 by one Smt. R. Lalthianghlimi (complainant) to the effect that the daughter of her elder sister, who was aged 14 years was raped by her step-father (the instant appellant) ever since she was 11 years old from the year 2014. The last incident occurred during the latter part of October, 2017. The appellant threatened her niece (the victim) not to reveal to anyone about the incident and he threatened to kill her, her mother and her younger siblings if she revealed to anyone about t

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