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2022 Supreme(Gau) 468

NELSON SAILO
Lalthangfela Venglai, Bairabi – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. J.C. Lalnunsanga
For the Respondent: Mrs. Linda L Fambawl, Addl. PP,

JUDGMENT :

Heard Mr. J.C. Lalnunsanga, learned counsel for the appellant and Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor for the State respondent.

2. This is an appeal filed by the appellant against the Judgment & Order dated 16.12.2020 passed by the learned Fast Track Court, Kolasib District, Kolasib in Sessions Case No. (K) 25/2017 arising out of Criminal Trial No. 339/2017 by which the appellant was convicted under Section 6 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 5,000/- and in default, to suffer Rigorous Imprisonment for a period of 1 month.

3. The case of the prosecution in brief is that on 20.06.2017 at around 4:30 p.m, a written FIR was lodged by Andrew Lalpekhlua s/o Lalthansanga (L) of Kolasib to the effect that during the year 2012, his youngest sisters (victim) was sexually assaulted by her stepfather and that he continued to have sexual intercourse with her since then for almost every day and against her will. As a result, Kolasib P.S Case No. 97/2017 dated 20.06.2017 under Section 6 of the POCSO Act was registered and the case investigated into. Upon completion of the investigation, the investigatin

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