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2025 Supreme(Gau) 996

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MARLI VANKUNG, SHAMIMA JAHAN
Lalbiakliana, S/o Vanlalliana (L) – Appellant
Versus
State of Mizoram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Jordan Rohmingthanga, Amicus Curiae
For the Respondents: Ms. Mary L Khiangte, Mr. Lalramdinthara, Legal Aid Counsel

JUDGMENT :

Shamima Jahan, J.

Heard Mr. Jordan Rohmingthanga, learned Amicus Curiae for the appellant and Ms. Mary L Khiangte, learned Addl. Public Prosecutor for the State of Mizoram and Mr. Lalramdinthara, learned counsel for the informant.

1. This is a criminal appeal filed from Jail under Section 383 of the Cr.P.C against the Judgment & Order dated 27.09.2024 passed by the Presiding Officer, Fast Track Special Court, POCSO Act 2012, Aizawl Judicial District, Aizawl, Mizoram in Sessions Case No. 70/2023 under Section 6 of Protection of Children from Sexual Offences Act, 2012 (here-in-after shortly referred to as “the POCSO Act”).

A. BASIC FACTS

2. The prosecution story as unfolded is that an FIR was lodged by the mother of the victim stating inter alia that her son, 17 years of age, was sexually molested by her neighbor i.e. the appellant ever since her son was 10 years old. She further stated that the appellant sexually molested him by making him suck his private part and that he makes their private parts brush each other and further that he would also often ejaculate on her son’s body. On receipt of the said FIR, the police registered the same as BKN-Police Case No. 432 of 2023, d

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