SH LALCHULLOVA Vs. STATE OF MIZORAM
HIGH COURT OF GAUHATI
STATE OF MIZORAM
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Nelson Sailo, J. -
(1.) Heard Mr. Jonathan L. Sailo, the learned Amicus Curiae as well as Mr. A.K. Rokhum, the learned Public Prosecutor appearing for the State.
(2.) This is an appeal from jail filed by the accused appellant against the Judgment & Order dated 06.06.2017, passed by the learned Special Judge, Protection of Children from Sexual Offence Act, Aizawl in SC No. 1/2015 arising out of Criminal Trial No. 41/2015 convicting the accused appellant under Section 4 of the Protection of Children from Sexual Offence Act, 2012 (POCSO Act) and thereafter, sentencing him to undergo a Rigorous Imprisonment for 7 years vide Order dated 07.06.2017.
(3.) The case of the prosecution in brief is that an FIR was lodged by one Shri. Vanlalchaka, (PW 1) on 26.09.2014 to the effect that the accused appellant on 09.09.2014 sexually abused his daughter Zohmingliani, aged 6 years at the residence of one Laltluanga of North Khawlek. As a result, Darlawn P.S. Case No. 24/2014 dated 26.09.2014, under Section 376 (2)(i) of the IPC read with Section 4 of the POCSO Act was duly registered and investigated upon. Upon completion of the investigation, the Investigating Officer filed the charge sheet on 13.12.2014. Thereafter, charge was framed by the learned Special Judge under the POSCO Act on 02.02.2015 against the accused appellant under Section 4 of the POCSO Act and to which, the accused appellant pleaded not guilty and claimed for trial. Accordingly, trial against the accused appellant was initiated. During trial, the prosecution examined as many as 5 prosecution witnesses and upon closure of the prosecution evidence, the accused appellant was examined under Section 313 of the Cr.P.C. The accused appellant in his defence did not lead any evidence. Upon conclusion of the trial, the learned Special Judge vide Judgment & Order dated 06.06.2017 convicted the accused appellant under Section 4 of the POCSO Act and thereafter, vide Order dated 07.06.2017 sentenced him to a Rigorous Imprisonment for 7 years.;
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