This is an appeal from jail, preferred by accused/appellant, Sri Jwngblao Narzary, who has been convicted by judgment and order dated 05-08-2015, passed by the learned Special Judge, Kokrajhar, in Special Case No. 3/2014, arising out of GR Case No. 217/2014, under Section 4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO Act’), to suffer rigorous imprisonment for ten years and pay a fine of Rs. 5,000/-, in default, to suffer rigorous imprisonment for further period of six months.

2. I have heard Ms. B Sarma, learned Amicus Curiae, appearing on behalf of accused-appellant, and Mrs. SH Baruah, learned Additional Public Prosecutor, Assam.

3. The fact of the case is that, on 05-06-2014, the victim, aged about 12 years, a student of Class-V, came to a shop at Narenguri from her house, riding a bicycle, to purchase some articles. She purchased the articles and was returning home at about 6.10 p.m. The accused Jawngblam Narzary restrained her on her way, gagged her and took her to the nearby jungle and committed rape on her. She came back home and narrated the incident to her mother.

4. On the above facts, the informant, father for the victim, lodged an FIR, which was registered as Kachugaon Police Station Case No. 20 of 2014, under Section 376 IPC.

5. Police investigated into the case, collected evidence, and finally, submitted charge sheet against the accused/appellant, under Section 376 IPC.

6. On appearance of the accused, charge was framed against the accused-appellant, under Section 4 of the POCSO Act, 2012, to which the accused-appellant pleaded innocence.

7. During the trial, prosecution examined 7 witnesses and the defence examined none. The defence plea is of denial.

8. The statement of accused-appellant was recorded as required under Section 313 Cr.P.C. The accused-appellant denied the accusations levelled against him in his said statement.

9. PW1, is the victim. In her evidence, she deposed that on the day of occurrence, at about 5.00/5.30 p.m., she went to Narenguri riding a bicycle, to the market to purchase agarbatti. While returning, near a culvert, the accused pushed her following which she fell down. Although she deposed that she did not know the accused by name, yet she knew him to be an inhabitant of the nearby village and that he belonged to Bodo community. She stated that she cried after falling down from the bicycle. Then the accused gagged her with a cloth and pressed her neck, and then took her to the nearby jungle. The accused-appellant put off her panty there and penetrated his penis into her vagina. Thereafter, he left the place of occurrence leaving the victim, PW1 there. She came back home and informed about the occurrence to her parents. Her statement was also recorded, under Section 164 Cr.P.C., by Magistrate, during investigation, which she has exhibited as Ext.1. She identified the accused in the Court. In her cross-examination, she is found to have stated that the occurrence took place in the evening, and just before it became dark. There was none in and around the place of occurrence. She did not know the accused from before, but had come to know him since the date of occurrence. She denied that she had made false accusations against the accused-appellant.

10. PW2, informant, Sri Gohai Murmu, is the father of the victim. He deposed that the victim went to the market, at about 5.30 p.m., to purchase agarbatti. At about 6.00 p.m., she came home back weeping. While enquired about the reason of her weeping, she informed PW2 that while coming back from the market, near a culvert, a boy caused her fall from the bicycle, gagged her and took her to a nearby jungle and committed rape on her. Immediately, he rushed to the President of the local Unit of Bodo Student Union and informed him about the occurrence. Both of them, thereafter, went to the place of occurrence and there one boy gave the name of the accused-appellant to them. Then, both of them went t