JUDGMENT :

(Michael Zothankhuma, J.)

Heard Mr. Lalremsanga Nghaka, learned counsel for the appellant. Also heard Mrs. Linda L. Fambawl, learned Public Prosecutor and Ms. Lalngaihsaki Fanai, learned Amicus Curiae for the respondent No. 2

2. This appeal has put to challenge the Judgment & Order dated 12.12.2022 passed by the Special Court, POCSO Act, Champhai in S.R. No. 25/2020 arising out of Champhai P.S. Case No. 113/2020 dated 26.09.2020, by which the appellant has been convicted under Section 6 of the POCSO Act, 2012 and Section 341 IPC. Section 6 of the POCSO Act, 2012 is the provision for punishment for committing the offence of aggravated penetrative sexual assault, in terms of Section 5(4) of the POCSO Act. Section 341 of the IPC is the provision for punishment for wrongful restraint.

3. The prosecution case in brief is that an FIR dated 26.09.2020 was submitted by the Prosecution Witness-1(PW-1), to the effect that he believed that the appellant had raped the 5 year old victim girl in a jhum hut located at Vengthar on 26.09.2020 during 5:00 p.m to 6:00 p.m. Further, the victim girl’s parents had given authority to the informant (PW-1) to lodge the FIR on their behalf. On the ba