H T RAMFANGZUAVA Vs. STATE OF MIZORAM
LAWS(GAU)-2018-5-1
HIGH COURT OF GAUHATI
Decided on May 01,2018

H T Ramfangzuava Appellant
VERSUS
STATE OF MIZORAM Respondents

JUDGEMENT

Manash Ranjan Pathak, J. - (1.) Heard Mr. Victor L. Ralte, learned Amicus Curiae for the accused appellant and Mrs. Linda L. Fambawl, learned Additional Public Prosecutor for the State of Mizoram.
(2.) This Criminal appeal from jail by the accused appellant Sh. H. T. Ramfangzauva is against the Judgment & Order dated 25.07.2017 and the sentence dated 04.08.2017, passed by learned Special Court, POCSO Act, Aizawl Judicial District, Aizawl in Sessions Case No. 93/2015 corresponding to Criminal Trial No. 811/2015 arising out of West Phaileng Police Station Case No. 22/2014, wherein, the said accused person has been sentenced to 10 years of Rigorous imprisonment with a fine of Rs. 1000/- and in default of payment of fine further sentenced for Simple Imprisonment for another 10 days observing that the detention period of the said accused person as an Under Trial Prisoner shall be set off from the total period of conviction and sentence.
(3.) Facts and circumstances giving rise to this criminal appeal is that on being informed by the PW-4, a Member of the District Child Protection Unit of Mamit District, who was informed about the incident by PW-3, the elder sister of the minor victim girl, Ms. L., PW-2 (name and identity of the minor victim withheld), the Chairman of the District Child Welfare Committee, Mamit District, PW-1 on 15.11.2014 lodged an FIR before the West Phaileng Police Station stating that the victim Ms. L. while sleeping at night was sexually molested by her own father, the accused appellant herein, by touching her private parts against her will and that the last of such incident had occurred on the night of 14.11.2014. The said FIR was accordingly registered as West Phaileng Police Station Case No. 22/2014 under Sections 376(2)(f) IPC, read with Section 6 of the POCSO Act.;


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