Procedural lapses do not invalidate a conviction under the POCSO Act if the testimony of minor witnesses is credible and no demonstrable prejudice occurred to the accused.

JUDGMENT & ORDER :

MRIDUL KUMAR KALITA, J.

1) Heard Mr. C. Tlanthianghlima, learned Legal Aid Counsel appearing for the appellant. Also heard Ms. Mary L. Khiangte, learned Addl. Public Prosecutor, appearing for the State respondent No. 1, as well as Ms. Emily L. Chhangte, learned Legal Aid Counsel, appearing for respondent No. 2.

2) This appeal under Section 374 (2) of the Code of Criminal Procedure, 1973, has been filed by the appellant, Sh. F. Laltlankima, impugning the Judgment & Order dated 21.01.2022, passed by the Court of learned Judge, Fast Track Special Court (Rape & POCSO Act, 2012), Champhai, in connection with FTSC (CPI), POCSO No. 30/2021, corresponding to SC No. 12/2021 and Criminal Trial No. 36 of 2021, arising out of Champhai P.S. Case No. 143/2020, whereby the present appellant was convicted under Section 10 of the POCSO Act, 2012, and was sentenced to undergo Rigorous Imprisonment of 5 years with a fine of Rs. 1,000/- and in default, to payment of fine to undergo Simple Imprisonment of another one (1) month.

3) Before we proceed to discuss the facts relevant for consideration of this appeal, it is pertinent to mention that in the meanwhile, in the month of January, 2026, the appellant has been released from jail after having completed the term of sentence imposed on him.

4) The facts relevant for consideration of the instant appeal, in brief, are that, on 30.12.2020, the uncle of the victim girl had lodged an FIR before the Officer-in-Charge of Champhai Police Station, inter alia, alleging that, on the afternoon of 12.10.2020, the daughter of his elder sibling, who was about 10 years of age at that point of time (hereinafter referred to as ‘X’ to protect the identity of the victim girl) was taken by the present appellant to Hnahlan Tourist Lodge and inside his vehicle, he touched her breasts and private parts. It is further stated in the FIR that the first informant came to know about this incident only on 29.12.2020.

5) On receipt of the aforesaid FIR, the Officer-in-Charge of Champhai Police Station registered Champhai P.S. Case No. 143/2020 under Section 6 of the POCSO Act, 2012 and initiated the investigation. During the course of investigation, the Investigation Officer had recorded the statements of the complainant, victim girl as well as the witnesses. He also seized the Birth Certificate of the victim girl and thereafter, arrested the appellant. The victim girl, as well as the appellant were sent for medical examination. He also got the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, 1973.

6) After completion of the investigation, the Charge Sheet was laid against the present appellant, under Section 6 of the POCSO Act, 2012, the appellant faced the Trial by engaging his own counsel. The Trial Court, after considering the materials available on record as well as after hearing the prosecution side as well as the defence side, framed charge under Section 6 of the POCSO Act, 2012, against the appellant on 03.11.2021. When the said charge was read over and explained to the appellant, he pleaded not guilty to the same and claimed to be tried.

7) The prosecution side examined 6 (six) out of 8 (eight) listed prosecution witnesses in the Charge Sheet to bring home the charge against the appellant. The appellant was examined under Section 313 of the Code of Criminal Procedure, 1973, during which he admitted that he took the victim girl and her friends for a ride to the tourist lodge, however, he denied having done anything to the victim girl