JUDGMENT :

Tirthankar Ghosh, J.

1. The present appeal has been preferred against the judgment and order of conviction and sentence dated 10.12.2019 passed by the learned Additional Sessions Judge-cum-Special Judge under POCSO Act, 2012, First Court, Sealdah, South 24 Parganas in connection with Special Case No.4(11) of 2019 wherein the learned trial court was pleased to convict the appellant under Section 10 of the POCSO Act and sentenced him to suffer imprisonment for five years and to pay fine of Rs.50,000/-, in default rigorous imprisonment for six months more.

2. Ultadanga Women Police Station Case No.12 dated 15.10.2019 was registered for investigation under Sections 8 and 12 of the POCSO Act, 2012. The fact of the case as is reflected from the formal FIR which was registered on the basis of complaint of ‘Y’ father of the victim girl aged about 7 years were to the effect that on 15.10.2019 at about 3.30 hrs. on the bank of canal near Jhupri, 14, Canal West Road, Kol-09 P.S. Narkeldanga the accused Mustakin with sexual intent touched the vagina of the minor girl ‘X’ and made the child exhibit his private parts.

3. On the basis of the aforesaid complaint, investigation commenced and