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2023 Supreme(Gau) 1020

MICHAEL ZOTHANKHUMA, MARLI VANKUNG
Lalkamlova S/o Laichhingpuia (L) – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr C Lalfakzuala (Amicus Curiae)
For the Respondent: Mr C Zoramchhana, PP, Mizoram

JUDGMENT :

Michael Zothankhuma, J.

Heard Mr. C. Lalfakzuala, learned Amicus Curiae and Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor, Mizoram.

2. This appeal has been filed challenging the Judgment and Order dated 27.10.2022 passed by the Fast Track Special Court, POCSO Act, Aizawl in SC No. 35/2021 (Criminal Trial No. 590/2021), by which the appellant has been convicted under Section 6 of the POCSO Act, 2012 and sentenced to undergo Rigorous Imprisonment for 20 years with a fine of Rs. 10,000/-, in default, Rigorous Imprisonment for a further period of 3 months.

3. The prosecution case in brief is that an FIR dated 27.01.2021 was submitted by Prosecution Witness No. 1 (PW-1) to the Officer-in-Charge, All Women Police Station, Aizawl stating that her daughter had been sexually molested by their neighbour, Sh. Lalkamlova (appellant) at the appellant’s and the victim’s residence, during the period from December, 2020 to 25.01.2021. Pursuant to the FIR, AW.PS Case No.1/2021 under Section 6 of the POCSO Act read with Section 376 AB IPC was registered on 27.01.2021. After investigation of the case, the I.O submitted a chargesheet, on finding a prima facie case against the appellant

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