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2023 Supreme(Gau) 1155

ARUN DEV CHOUDHURY
Lalchhuana Ngente S/o Zaluta (L) – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Lalngaihsaki Fanai Advocate
For the Respondents: Mr. C. Zoramchhana. PP, Assam

JUDGEMENT :

1. Heard Ms. Lalngaihsaki Fanai, learned counsel for the appellant. Also heard Mr. C. Zoramchhana, learned Public Prosecutor, State of Mizoram.

2. The challenge:

The present appeal is preferred under Section 374 (2) of the Cr.P.C., 1973 against the judgment and order dated 26.08.2020 passed by the learned Special Judge, POCSO, Aizawl, Mizoramin SC No. 179/2017 in Criminal Trial No. 1441/2017 convicting the appellant under Sections 4 of the POCSO Act, 2012 and also against the impugned order dated 08.09.2020 by which the appellant was sentenced to undergo 7 years rigorous imprisonment with a fine of Rs. 10,000/-and in default to pay the fine, another simple imprisonment of 6 months.

3. The prosecution case:

I. The prosecution case was initiated on the basis of an FIR dated 04.07.2017, wherein it was alleged that on 30.06.2017 the accused/ appellant had engaged in sexual intercourse with the victim against her will, who was 17 years & 6 months of age at the time of the incident. It is alleged that the accused had offered her a lift on his scooty on her way back from Maubawk and she accepted his offer to drop her at her residence in Tuikual Sount. However, the accused took her

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