Crl.A./30/2025 of Sh. B. Vanlalhruaia Vs The State of Mizoram and Anr. on 8 March 2026

ORDER

09.03.2026 Heard Mr. L. Chawngthu, learned counsel appearing for the appellant. Also heard Ms. Linda L Fambawl, learned Public Prosecutor, Mizoram, appearing for the State respondent. Ms. Linda L. Fambawl, learned Public Prosecutor, submits that the present criminal appeal filed under Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is not maintainable, inasmuch as the sentence awarded by the trial court is rigorous imprisonment for a period of 3 (three) years and a fine of Rs. 1,000/- only and, in default of payment of fine, Page No.# 2/2 simple imprisonment for 1 (one) month under Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. It is submitted that Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for an appeal only in cases where the sentence of imprisonment exceeds 7 (seven) years. Mr. L. Chawngthu, learned counsel appearing for the appellant, in view of the objection raised by the learned Public Prosecutor, seeks leave to withdraw the present criminal appeal with liberty to file an appropriate application before this Court in accordance with law. The prayer is allowed. Accordingly, the criminal appeal stands withdrawn with liberty as prayed for. It has been brought to the notice of this Court by the Court Master that the TCR has already been received. Mr. L. Chawngthu, learned counsel for the appellant, submits that the appropriate application shall be filed within a period of 1 (one) week from today. In the event such application is filed before this Court, the TCR shall be tagged along with the said application. However, in the event no application is filed within the aforesaid period of 1 (one) week, the Registry shall take necessary steps to send back the TCR to the trial court from where it was received. JUDGE Comparing Assistant