JUDGMENT :

Bibek Chaudhuri, J.

1. The instant appeal is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 2nd Court, Malda in POCSO Case No.15 of 2015 (Sessions Trial No.59 of 2015) arising out of G.R. Case No.262 of 2014 and Gazole Police Station Case No.31 of 2014 dated 23rd January, 2014, thereby convicting and sentencing the accused/appellant under Section 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter described as the POCSO Act) for committing offence under Section 11 of the POCSO Act.

2. A short question involved in the appeal is that if the accused/appellant was identified by the victim girl at the time of trial, although he was not distinctly identified at the time of commission of offence and the victim girl made allegation against the accused only on her assumption, whether subsequent identification in Court sufficiently connects the accused with the commission of offence.

3. Prosecution story as revealed from the FIR lodged by the father of the victim girl on 23rd January, 2014 is that his daughter, i.e., the victim girl aged about 15 years at the relevant point of time was a stud