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2025 DAILYLAW 3393 (GAU)

Mr Ramliankima v. The State of Mizoram

I.A.(Crl.)/12/2025 · 2026-06-03

Michael Zothankhuma, Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/4 GAHC030000112026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/12/2025 Mr Ramliankima S/o. Chhantlira R/o.Hmawngbu Lawntlai District Mizoram. R/B. Zonghaki D/o. Khawvelkhupa R/o. Chawlhhmun Aizawl VERSUS The State of Mizoram Aizawl 2:Smt. Zirduhchhungi D/o. MC Biaktluanga (L) R/o. Bungtlang South Vengthar - II Lawngtlai District Mizoram Advocate for the Petitioner : Mr. Victor L Ralte Advocate for the Respondent : P.P./Addl.PP Mizoram Linked Case : Crl.A./5/2025 Ramliankima r/b Smt. Zonghaki d/o Khawvelkhupa r/o Chawlhhmun Aizawl Hmawngbu Page No.# 2/4 Lawngtlai District VERSUS The State of Mizoram and Anr. Aizawl 2:Zirduhchhungi Bungtlang South Vengthar-II Lawngtlai District Advocate for the Petitioner : Mr. Victor L Ralte Advocate for the Respondent : P.P./Addl.PP Mizoram B E F O R E HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 04.06.2026 (Sanjeev Kumar Sharma, J) Heard Mr. Victor L. Ralte, learned counsel for the applicant/appellant. Also heard Mrs. Mary L. Khiangte, Additional Public Prosecutor for the State. 2. This IA has been preferred seeking suspension of execution of the Judgment & Order dated 06.12.2024 and Sentencing Order dated 09.12.2024 passed by the Learned Special Court, POCSO Act, Siaha District, Siaha in Crl.Trl. No. 93/2024 arising out of LTI Case No. 20/2021 under Section 6 of the POCSO Act, 2012. 3. The applicant/appellant has preferred an appeal under Section 415(2) Page No.# 3/4 of BNSS, 2023 before this Hon'ble Court assailing the legality and validity of the impugned Judgment dated 06.12.2024 and Sentencing Order dated 09.12.2024 passed by the Ld. Special Judge, POCSO Act, Siaha District, Mizoram, Siaha in Crl. Trl. No. 93/2021 arising out of LTI Case No. 20/2021 convicting the accused/appellant to suffer Rigorous Imprisonment for 20 years and a fine of Rs. 50,000/- (rupees fifty thousand) u/s 6 of POCSO Act and in default of fine to suffer sentence of Simple Imprisonment for 5 months. 4. The brief facts of the case are that the respondent No. 2 had lodged an FIR before the Officer-in-Charge of Lawngtlai Police Station on 12.04.2021 stating that the appellant took her granddaughter, i.e., the victim ‘X’, into his vehicle to get water at the outskirts of Hmawngbu village on dates 08.02.2021 & 09.02.2021, and the appellant had committed penetrative sexual assault upon the victim ‘X’ and as a result, the victim got pregnant. Accordingly, Lawngtlai PS Case No. 20/2021 dated 12.04.2021 u/s 376(3) IPC r/w Section 6 of POCSO Act, 2012 was registered. Consequently, the case I.O. submitted Chargesheet against the appellant. Thereafter, the case was endorsed for trial before the court of Special Judge, POCSO Act at Siaha District. 5. Having perused the evidence on record including the evidence of the victim, we are of the view that suspension of sentence is not called for at this Page No.# 4/4 stage. 6. The petition stands dismissed. JUDGE JUDGE Comparing Assistant