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2022 DIGILAW 273 (GAU)

Lalramchhana (Patea) S/o Chalbuanga v. State of Mizoram

2022-03-16

MARLI VANKUNG

body2022
JUDGMENT : Heard Mr. Samuel Vanlalhriata Chhangte, learned Amicus Curiae and Mr. C. Zoramchhana, learned Public Prosecutor for the State respondent. 2. This is an appeal preferred by the appellant from the jail against the Judgment & Order dated 10.07.2018 passed by the Special Judge, POCSO Act, Aizawl District in S.C. No. 120/2017 arising out of Crl. Trial No.986/2017, whereby the appellant was convicted under Section 10 POCSO Act, 2012 and sentenced to undergo Simple Imprisonment for a period of 6 (six) years and pay a fine of Rs.20,000/-in default S.I. for another 6 (six) months. 3. The learned Amicus Curiae submits that the grounds taken in this appeal is to the effect that he has no complaint and accepts the Judgment passed by the Trial Court in convicting him under Section 10 POCSO Act. He has however stated that due to his ill health and also due to the hardship faced by his wife and children due to his imprisonment, his children could not pursue their further studies since he is the sole bread earner of the family and has been in jail for a long time. He has just prayed that the sentenced imposed upon him may be shorten/adduced. The learned Amicus Curiae further submits that the appellant is truly repentant of his action and that from the medical examination of the victim in this case, it is seen that the victim has not been physically harmed. That there would be no repercussion, if the sentence of the appellant is reduced. 4. The learned Public Prosecutor has also referred to the appeal submitted by the appellant where he has not challenged the conviction order but has simple prayed for reduction of his sentenced. He submits that on the conviction of the appellant under section 10 of the POCSO Act, the punishment prescribed is imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine, that the appellant in this case has been sentenced to undergo seven years terms for a period of 6 years with fine which appeared to be quite reasonable. 5. 5. Having considered the submissions of both the parties, the Court finds that in view of the fact that the appellant is the sole bread earner of the family having wife and small children dependent upon him and also considering the poor health of the appellant, this court finds it fit to alter and reduce the term of sentence to 5 years Simple Imprisonment, the fine amount imposed and conditions therein passed by the learned Lower Court shall remain unchanged. 6. For the valuable assistance rendered by Mr. Samuel Vanlalhriata Chhangte, learned Amicus Curiae, he shall be paid a sum of Rs. 7500/-(Rupees seven thousand five hundred) only by the Mizoram State Legal Services Authority, on production of a copy of this order. 7. Crl. Appeal No. 32 of 2019 (J), accordingly stands disposed.