IMPORTANT POINT
A conviction for sexual offences against minors can be based solely on the victim's testimony if it is credible and trustworthy, without the need for corroboration.

JUDGMENT :

Kaushik Goswami, J.

Heard Mr. Joseph L. Renthlei, learned Amicus Curiae for the accused/appellant. Also heard Mrs. Linda L. Fambawl, learned Public Prosecutor for the State respondent and Mr. C. Tlanthianghlima, learned Legal Aid Counsel for the respondent No. 2.

2. This appeal is preferred against the Judgment & Order dated 11.10.2017 passed by the Special Court, POCSO Act, Siaha District, Mizoram in SR No. 13/2017 Ref: Siaha P.S Case No. 58/2017 dated 24.06.2017, whereunder the accused/appellant was convicted under Section 6 of the Prevention of Children under Sexual Offences Act, 2012 (hereinafter to be referred as “POCSO Act, 2012”) and sentenced thereof by Order dated 13.10.2017 to undergo Rigorous Imprisonment for a period of 10 (ten) years and to pay fine of Rs. 10,000/- (Rupees Ten Thousand) and, in default payment of fine, to undergo Simple Imprisonment for another period of 100 (hundred) days.

3. The case of the prosecution in brief is that an FIR was lodged on 24. 06.2017 by one “X” of aged about 13 years alleging inter alia that her step-father accused/appellant of Siata used to rape her whenever her mother is not around and that he last raped her on March, 2017 before she entered the hostel. It is further alleged that the accused/appellant had altogether raped her 3 (three) times. Accordingly, the FIR was received and registered as Siaha P.S Case No. 58/2017 under Section 6 of the POCSO Act, 2012.

4. Upon receiving the aforesaid FIR, PW-4/Investigating Officer was endorsed to investigate the same and he accordingly proceeded to the place of occurrence and arrested the accused/appellant and upon interrogation, the accused/appellant admitted his guilt and accordingly, recorded the statement of the victim and other witnesses and also sent the victim for medical examination and for recording her judicial statement.

5. Upon completion of the investigation, charge-sheet was submitted and the case being committed to the Court of Special Judge, POSCO Act, the Trial Court framed charges under Section 6 of the POSCO Act, 2012 against the accused/appellant on 02.08.2017, to which the accused/appellant pleaded not guilty and claimed to be tried.

6. Thereafter, the prosecution examined 6 (six) witnesses and exhibited 14 (fourteen) documents and after the closure of the prosecution evidence, the incriminating circumstances were put to the accused/appellant under Section 313 of the Code of Criminal Procedure, 1974 (hereinafter to be referred as “Cr.PC”), wherein he denied the said incriminating circumstances and adduced 5 (five) witnesses including himself.

7. List of the witnesses and exhibits on behalf of the prosecution and the defence are reproduced hereunder for ready reference:-

A. WITNESSES

For the prosecution:-

1. Ms. X (Victim)

2. Smt. Remveli

3. Dr. K. Lalchhanhimi

4. Mr. Chhuanthianghlima

5. Mr. Daniela

6. Ms. C.H. Sechunga

For the defence:

1. Mr. C.H. Dingliana

2. Ms. Dingdi

3. Ms. Hmangaihsangi

4. Mr. C. Ramliana

5. Mr. V. Sangbi

B. EXHIBITS

For the prosecution:-