IMPORTANT POINT
The testimony of a child victim in sexual assault cases can be sufficient for conviction if it is credible and trustworthy, and the legal presumption under the POCSO Act places the burden on the accused to disprove the allegations.

JUDGMENT :

(M. Thakuria, J.) :

Heard Mr. C. Lalfakzuala, learned Amicus Curiae for the appellant. Also heard Ms. Linda L. Fambawl, learned Additional Public Prosecutor for the State respondent No.1 and Mr. J. L. Tochhawng, learned Amicus Curiae for the respondent No.2.

2. This is an appeal from jail preferred by the accused/appellant against the judgment and order dated 29.03.2023, passed by the Court of the Presiding Officer, Fast Track Special Court (POCSO), Champhai, Mizoram in Case No. FTSC (CPI) POCSO 51/2022 arising out of Crl. Trl. No. 255/2022, whereby, the appellant, namely, Sh. Lalhriatzuala was convicted under Section 4 of the POCSO Act read with Section 376(3) of the Indian Penal Code and sentence him to undergo Rigorous Imprisonment for 20(twenty) years and to pay a fine of Rs.5,000/- and in default of payment to undergo further Simple Imprisonment for 1(one) month.

3. The Prosecution Case projected is that; a written FIR was received in Dungtlang Police Station on 04.10.2022 alleging that the daughter of the informant (13 years age) was raped thrice and sexually assaulted by one C. Lalhriatzuala on the night of 02.10.2022 at Tourist Lodge, Khawbung village. Hence, the Dungtlang P. S. Case No. 16/2022 under Section 4 of the POCSO Act read with Section 376 (3) of IPC was registered and thereafter, investigation proceeded. During the course of investigation, the Investigating Officer recorded the statements of the complainant, victim, accused and the other witnesses. Accordingly, the accused was arrested and the victim was sent for medical examination and her statement was also recorded under Section 164 of Cr. P.C. by the learned Chief Judicial Magistrate, Champhai. After completion of the investigation, the case was charge-sheeted under Section 6 of the POCSO Act read with Section 376(3) of Indian Penal Code against the present accused/appellant.

4. After filing of the charge-sheet, the case was registered as FTSC (CPI) POCSO Case No. 51/2022. Thereafter, hearing the matter on consideration of charge, charges framed under Section 4 (2) of POCSO Act against the accused/appellant, which was read over and explained to the accused/appellant, to which he pleaded not guilty and claimed to be tried. The prosecution examined 7 witnesses as per charge-sheet to prove the case. The accused/appellant pleaded not guilty while recording his statement under Section 313 of Cr. P.C. and further he adduced 2 Nos. of defence witnesses to substantiate his plea. After closure of the prosecution and defence witnesses, the learned Presiding Officer, Special Court (POCSO) heard the arguments put forwarded by the learned counsels for both sides and delivered the judgment and order by convicting the present accused/appellant under Section 4 (2) of POCSO Act and thereby, sentenced him to undergo Rigorous Imprisonment for 20(twenty) years and to pay a fine of Rs.5,000/- and in default of payment to undergo further Simple Imprisonment for 1(one) month.

5. Being aggrieved and dissatisfied by the judgment and order passed by the Court of the Presiding Officer, Fast Track Special Court (POCSO), Champhai, Mizoram in Case No. FTSC (CPI) POCSO 51/2022, the present appeal has been preferred by the accused/appellant through jail authority.

6. Mr. C. Lalfakzuala, learned Amicus Curiae for the appellant has submitted that the learned Trial Court did not appreciate the evidence on record in its true perspective and thus, arrived at a wrong decision by convicting the accused/appellant and thus, the same is liable to be set aside and quashed. There is no eye witness to the case and the entire prosecution case is based only on the statement made by the victim, which is found not of sterling quality to believe or to convict the accused/appellant. As per the victim, she first narrated the incident to one Rinchhani (victim’s friend), but, as per the PWPage No.# 4/20 2/mother of the victim, she narrated the incident first before her when she reached home. But,