Court dismissed the appeal as it was filed against a judgment that had already been disposed of in an earlier appeal (Criminal Appeal No. 11/2019(J)) where the conviction and sentence were affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC030001852022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/4/2022
C. Laihlo S/o Ngoly R/o Siahatla, Siaha, Mizoram VERSUS State of Mizoram Aizawl, Mizoram
Advocate for the Petitioner : none
Advocate for the Respondent :
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO HONOURABLE MRS. JUSTICE MARLI VANKUNG
ORDER
th 14 June, 2022 (N. Sailo, Judge)
This is an appeal from Jail filed by the accused/ appellant against the Judgment and Order dated 25.06.2018 passed by the learned Special Judge, POCSO Act, 2012 Siaha in SR No. 11/2018, by which the appellant was convicted under Section 6 of the POCSO and sentenced to undergo Rigorous Imprisonment for 15 years with fine of Rs.
Page No.# 2/3
3000/- and with a default clause.
Office note dated 13.06.2022 however indicates that the appellant had earlier preferred an appeal against the same Judgment & Order which was registered as Criminal Appeal No. 11/2019(J) and this Court vide Judgment and Order dated 22.05.2020 had disposed of the appeal. A copy of the Judgment and Order dated 22.05.2020 passed by this Court had also been placed on record and the operative portion of the said Judgment at paragraph No. 31 is quoted as hereunder:-
“ 31. In view of the reasons stated above, we do not find any ground to set aside the impugned judgment & order. Though we do not find any ground to set aside the impugned Judgment and Order, we find that the learned Trial Court has given a single sentence/ punishment with regard to two crimes committed by the appellant. As can be seen from paragraph 13 of the impugned Judgment and Order, the learned Trial Court has found the appellant guilty of Section 3 (a) of POCSO Act, 2012 in respect of the elder victim and also found the appellant guilty of Section 3 (c) of POCSO Act, 2012 in respect of the younger victim. As such, the learned Trial Court had to convict the appellant for two crimes against the two victim girls, which would necessarily entail two punishments/ sentences to be handed to the appellant. However, the learned Trial Court in the Sentence Order dated 26.06.2018 has simply sentenced the appellant under Section 6 of the POCSO Act, 2012 to undergo 15 years Rigorous Imprisonment with a fine of Rs. 3000/-, in default, Rigorous Imprisonment for another 30 days. On considering the fact that the appellant is guilty of two offences against the two victims, the appellant has to be convicted for two offences under Section 6 of the POCSO Act, 2012 and given two sentences. Accordingly, the appellant is convicted under Section 6 for committing the offence of Section 3(c) of the POCSO Act, 2012, read with Section 5 (m) against the elder victim. He is accordingly sentenced to undergo 15 years Rigorous Imprisonment with a fine of Rs. 3000/-, in default, another 30 days Rigorous Imprisonment. The appellant is also convicted and sentenced to undergo Rigorous Imprisonment
Page No.# 3/3
for a period of 15 years for committing the offence of Section 3(c) read with Section 5 of the POCSO Act, 2012 against the younger victim. The sentences shall run concurrently. Consequently, the impugned Judgment and Order dated 25.06.2018 and Sentence Order dated 26.06.2018 passed by the learned Trial Court are modified to the extent indicated above. Send back the LCR.”
In view of above, there is no scope for entertaining the present appeal which is admittedly filed against the same Judgment & Order passed by the learned Trial Court in the same case. Accordingly, the appeal is dismissed.
Office to send a copy of the Judgment and Order dated 22.05.2020 to the Special Superintendent, Central Jail, Aizawl who in turn shall communicate the same to the appellant.
JUDGE JUDGE
Comparing Assistant
C. Laihlo
State of Mizoram
NELSON SAILO
MARLI VANKUNG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
