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 into his sofa workshop in Dinthar where he raped her under threat. On the basis of the said FIR, the police registered a case being Vaivakawn Police Station Case No. 97/2017 under Section 4 of the POCSO Act and after completion of the investigation laid charge-sheet under Section 4 of the POCSO Act and sent him for trial.

II. The learned trial court framed charges under Section 4 of the POCSO Act, read over and explained the same to the accused, to which he pleaded not guilty and claimed to be tried. Accordingly, the trial commenced.

4. The prosecution witnesses:

I. To bring home the charges against the accused persons, the prosecution examined as many as 6 witnesses and exhibited certain documents including birth certificate of the victim.

II. PW1, the informant as well as the victim in her deposition stated that she was born on 11.12.1999. She started working at Hotel Clover, Chanmari from 13.01.2017 for about two months and then she shifted to Arini Hotel and she worked there for about two months. She deposed that she was preparing to go to the Andaman & Nicobar Island to work over there. She further deposed that on 30.06.2017, she had gone to Maubawk with her friend’s husband in connection with her Adhaar Card. Around 6 p.m., she started walking from Maubawk towards Tuikual, where she was staying at that time with her friends. She further deposed that the accused, who was not known to her came up on a scooter and offered her a lift and she declined the offer. She further stated that when she reached Bungkawn, she found him standing on the road and the accused again asked her to get into the scooter. She further deposed that the accused said that he would drop her and as it was raining she agreed. Then the accused took her to his sofa workshop in Dinthar, which was all dark. She further stated that the accused asked her, if she could put on her phone light. She deposed that she put the phone on and gave it to him. Then the accused immediately closed the door and put on lights on the workshop. The accused made her sit down on a sofa and gave her some liquor to drink. According to her she did not want to drink but the accused forced her to have the liquor. The accused then told her to remove her clothes and said that he would kill her if she did not obey him. Accordingly, she removed her clothes and the accused then had sex with her. She further deposed that the accused forced her to hold his penis and insert it into her vagina and said that from then she should be his wife and that he would have sex with her every day. Thereafter she asked him to take her Chanmari. She told the accused that she wanted to go to Axis bank. She further deposed that the accused waited for her near the bank and she ran to Hotel Clover to ask her friend Joseph to help her an