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IN THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KAUSHIK GOSWAMI
Laltluanga. S/o Khawchhana (L) – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT AND ORDER :
KAUSHIK GOSWAMI, J.
Heard Mr. J.C. Lalnunsanga, learned Amicus Curiae for the accused/appellant. Also heard Mrs. Mary L. Khiangte, learned Addl. Public Prosecutor for the State and Mr. H. Zodinsanga, learned Legal Aid Counsel for the informant/respondent No. 2.
2. This criminal appeal is directed against the Judgment and Order dated 29.09.2021 passed by the learned Fast Track Special Court, Rape & POCSO Act, 2012, arising out of FTSC(CPI) POCSO No. 15/2021 in SC No. 174/2017 in Crl. Trl. No. 1397/2017 dated 29.09.2021, whereby the accused/appellant was convicted under Section 10 of the POCSO Act, 2012, and sentenced thereof to undergo Rigorous Imprisonment for a period of 5 years with a fine of Rs. 1000/- and, in default, Simple Imprisonment for another one month.
3. The brief facts of the case are that the i.e. victim’s father the informant/PW-1, on 01.09.2017, lodged an FIR alleging, inter alia, that his daughter, i.e., the victim/PW-2, who is about 15 years old, had been sexually molested on 20.08.2017 by her grandfather, i.e., the accused/appellant, who touched her private part and even performed pelvic thrusts while lying upon her. It is further alleged that
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