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2021 Supreme(Gau) 819

MICHAEL ZOTHANKHUMA
Ramvanneia – Appellant
Versus
State of Mizoram – Respondent


Advocates Appeared:
For the Appellant : Mr. Aldrin Lallawmzuala.
For the Respondents: Mrs. Linda L. Fambawl.

ORDER :

1. Heard Mr. Aldrin Lallawmzuala, learned, counsel for the appellant. Also heard Mrs. Linda L. Fambawl, learned Additional Public Prosecutor for the State.

2. This appeal has been filed against the judgment and order dated 19.1.2021 passed by the Special Court, POCSO Act, 2012 in SC No. 80/2018 arising out of Criminal Trial No. 837/2018, by which the appellant was convicted under section 6 of the POCSO Act, 2012 and sentenced to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 5000, in default Simple Imprisonment for I year, vide Sentence Order dated 2.2.2021.

3. The prosecution case in brief is that an FIR was filed by one Mrs. M.S. Dawngliani, w/o Mr. L. Rinmawia, stating that her 15 years old sister “X” had been raped by the appellant in July/August 2016 at Ar Farm Veng, Phullen village in their jhum hut and in November 2017. He again raped the victim at Ar Farm Veng, Phullen village and once behind the Anganwadi building in Phullen village. On the basis of the FIR submitted by [he victim's sister, Saitual Police Station Case No. 8/2018 dated 13.3.2018 was registered under section 6 of the POCSO Act, 2012 and investigation was initiated.

4. During investi

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