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2024 Supreme(Gau) 1272

KAUSHIK GOSWAMI
C. Laldingliana Siata, Saiha – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Joseph Lalchhanhima Renthlei (Amicus Curiae)
For the Respondent: PP/Addl.PP, Mizoram

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

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