JUDGMENT :

Bibhas Ranjan De, J.

1. This appeal impugns the judgement and order of acquittal passed on 8th Day of January, 2021 by the learned Judge in Special Case No. 39/2019 (Special Trial No. 03 of 2019 dated 08/01/2021) under Section 363, 376 of Indian Penal Code read with Section 4 and 10 of the Protection of Children from Sexual Offence, Act 2012 (in short POCSO Act).

2. In view of the offences alleged attracting the provision of POCSO Act and in view of the guidelines of the Hon’ble Apex Court governing such scenario, we will consciously avoid to divulge the particulars of the survivor, witnesses and the Police Station, hospital, other places including place of occurrence.

FACTS:

3. The facts as reflected in the judgement of the Trial Judge are as follows :

One statement of survivor (for short S) was recorded by one lady Constable on 09.11.2018 at about 7:05 hours which was treated as complaint and was registered at Police Station under specific FIR dated 09.11.2018 under Section 376 IPC read with Section 5, 6 of POCSO Act.

4. S alleged that on 22.10.2018 she was going to attend private tuition and when she reached at a place the principal accused (for short P.A) met her wit