THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, NELSON SAILO
K. Lalmuankima, S/o K. Vanthuama – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
Michael Zothankhuma, J.
Heard Mrs. H. Lalmalsawmi, learned Amicus Curiae for the appellant. Also heard Mrs. Vanneihsiami, learned Addl. Public Prosecutor for the State and Mrs. Emily L. Chhangte, learned Legal Aid Counsel for the respondent No. 2.
2. This is an appeal against the impugned Judgment & Order passed by the Presiding Officer/Judge, Fast Track Special Court, Champhai in FTSC (CPI) POCSO 46/2022, arising out of Criminal Trial No. 178/2022, by which the appellant has been convicted under Section 6 of the POCSO Act and sentenced to undergo Rigorous Imprisonment for 20 (twenty) years with a fine of Rs.5,000/-, i/d Simple Imprisonment for 1 (one) month.
3. The learned Amicus Curiae submits that the case of the victim (10 years old) that she had been raped by the appellant, who was a full grown man appears to be doubtful, in view of the fact that the victim had stated that she did not experience pain during or after the incident of rape. Further, the victim stated in her cross-examination that there was no bleeding in her private parts after the incident of rape had occurred.
4. The learned Amicus Curiae further submits that the evidence of the male Doctor, who is PW-4,
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