JUDGMENT

Shivakant Prasad, J. - The instant appeal is directed against the judgment and order of conviction and sentence dated 6th March, 2017, passed by the learned Additional Sessions Judge, 2nd Court, cum Special Court Darjeeling under Protection of Children from Sexual Offences Act in Special Case No.32 of 2014 Sessions Trial No. 60(8)/16 arising out of Sadar Police Station Case No.153 dated 18.11.2014, whereby the appellant was convicted for the charge under Section 8 of the POCSO Act and sentenced to suffer Rigorous Imprisonment for five years and also to pay fine of Rs.10,000/-, in default to suffer R.I. for six months and with further direction that 50% of the fine should be paid to the victim girl, inter alia, on the ground that the learned Additional Sessions Judge acting as a Special Judge under POCSO has committed in error holding the appellant guilt of the said charge inasmuch as there are serious lacuna and inconsistency in the evidence on record which makes the prosecution case doubtful.

2. Precisely the facts leading to the instant appeal is that the complainant Avilasha Thapa lodged a complaint before Sadar P.S., Darjeeling on 18.11.14 to the effect that accused on