JUDGEMENT

Date of hearing : 18.10.2022.

Date of judgment :

JUDGMENT AND ORDER (CAV)

Heard Mr. T. Lalzekima, learned Amicus Curiae for the appellant alongwith Mr. C. Zoramchhana, learned Public Prosecutor for the State.

2. This is an appeal against the Judgment and Order dated 24.05.2019 passed by the Judge, Special Court under POCSO Act, Lunglei Judicial District, Lunglei in Criminal Trial No. 264 of 2017, convicting the accused appellant under Section 6 of the POCSO Act, and against the Sentence Order dated 07.06.2019, whereby the accused appellant was sentenced to undergo R.I 10 years and pay a fine of Rs. 1000/- in default, S.I for one week.

3. The case of the prosecution in brief is that a written FIR was received at the Police Station on 2.10.2016 from one Amalya Ratan Chakma, S/o Krishna Chandro Chakma, of Karlui-II, stating that his 15-year-old daughter, X, had been raped by three persons, namely, (i) Chitti Kala Chakma, S/o Purna Kumar Chakma, and (ii) Y(Juvenile), S/o Kandara Chakma, (iii) Z, the 15-year-old juvenile son of Amakar Chakma, all of Karlui-II, at around 10:00 pm. on 23.9.2016 in the jungles near the wet rice cultivation of one Sudan Muni Chakma. The informant stat