MICHAEL ZOTHANKHUMA, MARLI VANKUNG
C. Vanramnghaka S/o Bawiliana – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. A.H. Borbhuiya learned counsel for the appellant. Also heard Mary L. Khiangte, learned Additional Public Prosecutor for the State.
2. This appeal has been filed against the impugned judgment and order dated 11.11.2022 passed by the Special Judge (POCSO), Champhai, in FTSC (CPI) 42/2022, arising out of Criminal Trial No. 75/2022.
3. The prosecution case in brief is that an FIR dated 16.03.2022 was submitted by Prosecution Witness No. 1 (PW-1), who is the mother of the victim. The FIR stated that the appellant had raped the victim on two occasions, once on 15.02.2022 and the second time during the beginning of March, 2022, inside the house of one Mr. Vanlalnghaka. Pursuant to the FIR, Khawzawl P.S. Case No. 13/2022 was registered under Section 6 of the POCSO Act.
4. An investigation was initiated wherein the victim was taken for medical examination and the witnesses were examined by the IO. On finding a prima facie case against the appellant, the IO submitted a charge-sheet on 27.05.2022 under Section 6 of the POCSO Act, 2012. Thereafter charge under Section 6 of the POCSO Act was framed against the appellant by the learned Trial Court.
5. Th
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