JUDGMENT :

NELSON SAILO, J.

1. Heard Mr. Samuel Vanlalhriata Chhangte, learned Amicus Curiae for the appellant and Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor appearing for the State.

2. This appeal from Jail filed by the appellant is directed against the Judgment and Order dated 08.05.2018 and the Order dated 09.05.2018 passed by the Court of Special Judge, POCSO Act, 2012, Siaha, Mizoram in SR No. 3/2018 by which, the appellant was convicted under Section 4 of the POCSO Act and then sentenced to undergo 8 years rigorous imprisonment with fine of Rs. 3,000/- with a default clause respectively.

3. The case of the prosecution in brief is that the appellant was alleged to have been committed penetrative sexual assault upon the victim, who was a minor girl aged 14 years on the night of 17.10.2017 inside the motor workshop at Meisatla along with NH-54, Siaha. An FIR was lodged by the informant on the same day before the Officer-in-Charge of Siaha Police Station. As a result of the FIR, the appellant was apprehended from his residence and was forwarded to the Medical Officer, Siaha for medical examination. In his deposition before the Police, the appellant stated that he and the