Heard Mrs. P. Baruah Bordoloi, the learned Amicus Curiae appearing for the appellant as well as Ms. SH Bora, the learned Additional Public Prosecutor, Assam for the State.

2. This appeal from jail is filed by the appellant-accused, who is convicted for an offence under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POSCO Act’) vide judgment and sentence dated 12.08.2016 passed by the learned Special Judge, Tinsukia in POSCO Case No.40(CH)/2015 by which the appellant was sentence to undergo rigorous imprisonment (RI for short) for 10 years and also to pay fine of Rs.1,000/-, in default, to undergo further rigorous imprisonment for 6 months. In this judgment, the relevant names are not given for the purpose of withholding the identity of the minor victim girl as per the requirement of law.

3. In brief, the prosecution case is that the informant ‘A’ (name is withheld) lodged an FIR with the Officer-in-Charge, Na-Sadiya Police Outpost on 27.11.2015, stating that the appellant-accused had lured his daughter ‘X’ (name is withheld) at about 1:30 PM on 25.11.2015 (Wednesday) into his house and committed bad act on her. Her daughter had informed him and other family members on that day and he lodged the ejahar with Athmile Police Outpost and requested for necessary action. On receipt of the said ejahar, it was numbered as Sadiya PS Case No. 82/2015 under Section 363/366(A)/376(2)(i) read with Section 6 of the POCSO Act.

4. On registration of the FIR, the case was endorsed to the Officer-in-Charge, Na-Sadiya Outpost for investigation. The case was registered as G.R. No. 118/2015. Upon investigation, charge-sheet was submitted under Section 4 of the POCSO Act against the appellant-accused. On charges being explained, the appellant-accused pleaded not guilty and claimed to be tried. During trial before the Court of the learned Special Judge, the prosecution examined as many as 9 witnesses. The learned trial court framed the point of determination – “Whether the accused person on 25.11.2015 at about 1:30 PM at Bhabalabil Gaon under Sadiya P.S. committed penetrative sexual assault towards the victim, aged about 8 years and thereby committed an offence u/s 4 of POSCO Act?”

5. The Medical Officer, who was examined as PW.1, had deposed to the effect that during physical examination of the victim on 27.11.2015, he found that – (i) No blood stains, seminal stains and other discharge seen on the victim’s clothing; (ii) few scratches and area of redness seen on her genital region (labia majora and minora). The PW.1 had opined that the age of victim was between 6 to 8 years and as per his report, positive sign of penetration was found. He exhibited his medical report as Ext.1 and Ext.2(1) was his signature. His evidence could not be demolished during the cross examination.

6. ‘A’, the father of the victim, who had lodged the ejahar was examined as PW.2. He had stated that the accused was a distant relative whose house 240/250 feet away from his house. He stated that the then age of his daughter was 7½ years and she was studying in Class-III at the Village school (name is withheld). He deposed to the effect that about 6 months back, at about 1:30 - 2:00 pm, while he was doing some domestic works in the backside of his house, at that time his daughter was lured away by the accused to his house by giving her chocolate and Rs.3/-. However, he came to know about the incident at night when his daughter complained of pain while urinating, when she told that she was taken by the accused to his house when nobody was there and the accused put off his pant and also put off the pant of the victim and gave his penis to be touched by the victim and also put his penis to the private part of the victim. The PW.2 had stated that thereafter he went to the house of the accused and scolded him and lodged the ejahar in the police station which was scribed by one of brother in relation further stating that the ejahar w