Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC030007002024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/50/2024 The State of Mizoram Aizawl VERSUS Lalramzauva Hermon Veng, Khawzawl
Advocate for the Petitioner : Ms Vanneihsiami Advocate for the Respondent : Linked Case : Crl.A./40/2024 The State of Mizoram r/b the Secretary to Govt. of Mizoram Home Dept. Aizawl VERSUS Lalramzauva Hermon Veng Khawzawl
Advocate for the Petitioner : P.P./Addl.PP Mizoram Advocate for the Respondent : Mr. P C Lalthangmawia
Page No.# 2/3
BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR JUDGMENT / ORDER Date : 10.03.2025
Heard Ms. Vanneihsiami, learned Addl. P. P. appearing for the applicant/appellant. Also heard Mr. P. C. Lalthangmawia, learned counsel appearing for the respondent. The present interlocutory application has been filed by the State, praying for leave to file the connected appeal against the order dated 31.01.2023, passed by the learned Special Judge, POCSO Act, Champhai Judicial District, Champhai, in S.C. No. 8 of 2019, arising out of Khawzawl P.S. Case No. 58/2019, under Section 376(2)(i) IPC r/w Section 4 of the POCSO Act. The learned counsel for the applicant submits that the learned Trial court while passing on the said Judgment had ignored relevant evidence available on record. It is submitted that consideration of the evidences available on record would have resulted in the conviction of the respondent herein; and accordingly, submits that the State be permitted to prefer the connected appeal in the matter. The learned counsel for the respondent has submitted that the learned Trial Court had considered all relevant materials for arriving at its conclusion and the acquittal of the respondent would not call for any interference in the matter. However, he submits that the State having filed an application for leave to file the connected appeal, he would have no objection in this Court allowing the said interlocutory application to file the connected appeal. In view of the above submission of the learned counsel for the parties, more particularly, that of the respondent, this Court is of the view that the present
Page No.# 3/3 interlocutory application be allowed and the State is granted leave to prefer the connected appeal in the matter. The present interlocutory application thus, stands disposed of.
JUDGE Comparing Assistant