The court ruled that insufficient evidence regarding the identity of the accused precludes conviction, emphasizing the necessity of lawful identification procedures.

JUDGEMENT & ORDER (CAV)

( M.K. Kalita, j.)

1.  Heard Ms. Emily L. Chhangte, learned Amicus Curiae for the appellant and Ms. Vanneihsiami, learned Additional Public Prosecutor appearing for the State of Mizoram for the respondent No. 1 as well as Mr. Lalramdinthara, learned Amicus Curiae for the respondent No. 2.

2.  This jail appeal has been registered on receipt of an appeal petition from the appellant, Lalhmingsanga, who is currently detained in the Central Jail, Aizawl. The appeal petition has been forwarded to this Court through the Special Superintendent Central Jail, Aizawl. The appellant has impugned the judgment dated 06.12.2023, passed by learned Special Judge, (POCSO Act), Aizawl in S.C. No. 64/2019 (Criminal Trial No. 783/2019), whereby the appellant has been convicted under Section 6 of the POCSO Act, 2012 read with Section 376-AB of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for 20 years and to pay a fine of Rs. 5,000/- (Rupees five thousand), in default of payment of fine, to undergo further simple imprisonment for 1(one) week.

3. The facts relevant for adjudication of this jail appeal, in brief, are as follows:-

i. That on 03.04.2019, the mother of the victim-girl lodged an FIR before the Officer-In-Charge of Aizawl Police Station, inter alia , alleging that his daughter ‘X’ (real name of the victim is not disclosed to protect her identity), aged about 10 years, went to Church on 31.03.2019, which was a Sunday. On that day, at around 9:30 AM, she went to drink water outside the beginners’ department’s room located below Armed Veng Presbyterian Church Courtyard.

ii. It is stated in the FIR that just as the victim ‘X’ was about to go back inside the Church and unknown person held her hand and took her inside the toilet. He sexually abused her by putting her private parts inside her mouth.

iii. On receipt of the said FIR, the Aizawl P.S. Case No. 92/2019 was registered under Section 376-AB of the Indian Penal Code read with Section 6 of the POCSO Act, 2012 and investigation was initiated.

iv. On completion of investigation, after finding sufficient material against the present appellant, charge-sheet was laid against him under Section 376-AB of the Indian Penal Code and Section 6 of the POCSO Act, 2012. The appellant was arrested during the course of investigation and he faced the trial remaining in custody.

v. On 2 nd July, 2019, charges under Section 376-AB of the Indian Penal Code read with Section 6 of the POCSO Act, 2012 were framed against the appellant. When the said charges were read over and explained to the appellant, he pleaded not guilty and claimed to be tried.

4.  To bring home the charges, the prosecution side examined 9(nine) out of 10(ten) witnesses listed in the charge-sheet. The appellant was examined under Section 313 of the Code of Criminal Procedure, 1973, during which he denied the truthfulness of the testimony of the prosecution witnesses and pleaded his innocence. However, he declined to adduce any evidence in his defence. Ultimately, by the judgment which is impugned in this appeal, the appellant was convicted and sentenced in the manner as described in Paragraph No. 2 of this judgment hereinbefore.

5.  Before considering the rival submissions made by learned counsel for both the sides, let us go through the relevant evidence which is available on record.

6.  PW-1, who is the mother of the victim ‘X’ as well as the first informant of the case, namely, Laledenmawii, has deposed before the Trial Court on 29.07.2019 a