I.A.(Crl.)/29/2026 of Sh. Zorammawia Vs The State of Mizoram and Anr. on 26 May 2026

ORDER

27.05.2026

Heard Ms. J. Lalramfawmi, learned counsel appearing for the applicant. Also heard Ms. Vanneihsiami, learned Govt. Advocate for the state respondents. By way of the present application under Section 528 of the BNSS, 2023, read with the Practice Directions issued by the Hon’ble Gauhati High Court governing proceedings under the POCSO Act, 2012, the applicant seeks impleadment of the informant/victim’s guardian in the connected Criminal Appeal No. 6/2026. It appears that while preferring the connected appeal against the Judgment and Order dated 13.02.2026 passed by the learned Fast Track Special Court under the POCSO Act, 2012 in Special POCSO Case No. 18/2025, arising out of Dungtlang P.S. Case No. 7/2024 under Section 10 of the POCSO Act, 2012, the applicant inadvertently omitted to implead the informant/victim’s guardian as a party respondent. The Division Bench of this Court, in Dipak Nayak v. State of Assam [Crl. A.(J) No. 40/2022], has categorically held that in appeals arising out of proceedings under the POCSO Act, the victim, guardian/parent, and support person are required to be impleaded. Pursuant thereto, the Hon’ble Gauhati High Court has also issued Practice Directions governing such proceedings under the POCSO Act vide Notification No. 17 dated 15.03.2024. In view of the aforesaid legal position, and considering that the omission appears to be inadvertent, this Court finds no impediment in allowing the present application. Accordingly, the Interlocutory Application stands allowed and disposed of. Smt. Lalthlengliani, wife of Lalmuansanga, resident of Khuangthing, Champhai District, being the informant/guardian of victim ‘X’, shall be impleaded as Respondent No. 2 in the connected Criminal Appeal No. 6/2026. The Registry shall carry out the necessary amendments in the cause title of the connected appeal.

JUDGE Comparing Assistant