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2025 Supreme(Gau) 945

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Laldinsanga S/o- Lalrinchhana – Appellant
Versus
State of Mizoram, Represented by the Public Prosecutor, Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. H. Zodinsanga, Amicus Curiae.
For the Respondents: Mrs. Mary L. Khiangte, Additional Public Prosecutor, Mizoram. : Mr. Jordan Rohmingthanga, Legal Aid Counsel

JUDGMENT & ORDER :

KAUSHIK GOSWAMI, J.

Heard Mr. H. Zodinsanga, learned Amicus Curiae appearing for the accused/appellant. Also heard Mrs. Mary L. Khiangte, learned Additional Public Prosecutor, Mizoram appearing for the respondent No.1 and Mr. Jordan Rohmingthanga, learned Legal Aid Counsel appearing for the respondent No.2/informant.

2. This appeal is directed against the judgment & order dated 22.04.2024, passed by the learned Presiding Officer/Judge, Fast Track Special Court (Rape & POCSO Act, 2012), Champhai District, Mizoram, (hereinafter referred to as “trial Court”) in case No. FTSC (CPI) POCSO:65/2023, arising out of Crl. Trl. No. 248/2023, registered under Section 6 of the POCSO Act, 2012, whereby the accused/appellant has been convicted under Section 6 of the POCSO Act, 2012, and sentenced to undergo rigorous imprisonment for a term of 10 (ten) years with a fine of Rs. 5,000/- (rupees five thousand) only, in default of payment of the fine to undergo simple imprisonment for a term of 2 (two) months.

3. The brief fact of the prosecution case is that PW-1 lodged an FIR on 02.06.2023, before the Officer-in-charge of Dungtlang Police Station, alleging, inter alia, that during th



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