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2023 Supreme(Gau) 1486

MARLI VANKUNG
Ibomcha S/o Tanubabu – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr B Lalramenga
For the Respondent: Ms Linda L Fambawl

JUDGMENT :

MARLI VANKUNG, J.

Heard Mr. B. Lalramenga, learned counsel for the appellant along with Mrs. Linda L. Fambawl, learned Addl. Public Prosecutor for the State respondent.

2. This is an appeal against the Judgment & Order passed by the learned Special Court, POCSO Act, Lunglei Judicial District, Lunglei dated 20.03.2020 in Criminal Trial No.224 of 2018 reference Lunglei P.S. Case No.116/2018 dated 26.06.2018, wherein the appellant was convicted under Section 4 of the POCSO Act and for sentenced to undergo 7 (seven) years Simple Imprisonment with a fine of Rs.1,000/-(Rupees One Thousand) id SI for 1 (one) week.

3. Facts of the case in brief is that on 26.06.2018 at 11:10 AM a written FIR was received from the alleged victim who will be referred as ‘X’ henceforth (17) years by Lunglei Police Station, to the effect that in the month of March 2018, the present appellant had entered the house of the ‘X’ while her other family members were away. According to the ‘X’ ’s FIR, the appellant then pusher her down on a bed and sexually assaulted her by holding both her hands and had sex with her against her will and as a result, she requested the Police to take appropriate action against t

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