Heard Mr. K. Pathak, learned Amicus Curiae, appearing for the appellant and Mr. D. Das, leaned Additional Public Prosecutor, Assam, appearing for the Opposite Party.

2. The present appeal has been preferred by the appellant against the judgment and sentence dated 23.09.2015, passed by the learned District & Sessions Judge, Golaghat in Sessions Case (Spl. POSCO Case) No. 20/2015 (GR Case No. 235/2015) under Section 6 of the Protection of Children from Sexual Offence Act. 2012 (in short the POSCO Act), in which he was sentenced to undergo imprisonment for 10 (ten) years, pay fine of Rs. 2,000.00 (Rupees two thousand) and in default to undergo further imprisonment of 1 (one) month.

3. The present appellant Sri Lakhi Murmur, son of late Bengal Murmur, a resident of Jugalati Goan under Bokakhat Police Station in the District of Golaghat, Assam was prosecuted as accused in Bokakhat P.S. Case No. 31/2015 under Section 376 IPC read with Section 8 of the POSCO Act. It is the case of the prosecution that on 07.02.2015 at about 10.00 a.m. in the morning he committed rape upon his niece Smti Anita Soren (actual name is withheld) aged about 14 years old and also attempted to kil