1. Present appeal is directed against the judgment and order dated 20.10.2016 passed by the learned Special Judge, Golaghat in Special (POCSO) case No. 4/2016 convicting the accused/appellant under section 4 of POCSO Act and sentencing him to undergo rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000/- in default to further undergo simple imprisonment for 1 month and to undergo simple imprisonment for 1 year under section 342 of the Indian Penal Code.

2. Prosecution case in a nutshell is that one Smti. Khireswari Baruah lodged an FIR on 6.03.2014 to the effect that her daughter was found missing from the house since 6 pm and she returned herself at 11 pm. On her return she has stated that the accused person has committed rape upon her by confining her in his house. Her daughter also revealed that she has love affair with him for about one year and she planned to elope with him after H.S.L.C examination. It is also alleged in the FIR that the said accused person by flirting with her daughter indulged with sexual intercourse and thereafter she was released with a threatening.

3. On the basis of the said FIR Sarupathar P.S Case No. 35/2014 under section 376/342 IPC read with section 6 of the POCSO Act was registered. The victim was medically examined by Doctor and her one chocolate coloured panty was sized. Her statement under section 164 CrPC was also recorded and on completion of the investigation charge sheet was submitted against the accused/appellant under section 376/342 IPC read with Section 6 of the POSCO Act. Accused/appellant entered his appearance before the Court and the case was committed to the Court of Sessions for favour of trial being the offences are triable by the Sessions Court. On his appearance charge under said section of law was framed and explained to the accused person to which he pleaded not guilty.

4. In support of the case, prosecution examined 9 witnesses including the Medical Officer and the Investigating Officer and one more witness was also examined as court witness. Plea of defence is of total denial and declined to adduce any witness.

5. At the conclusion of the trial the Ld. court found and held the accused guilty under section 4 of the POCSO Act sentenced him to RI for 7 years and a fine of Rs. 5000/- and also sentence to him simple imprisonment for 1 year under section 342 of the Indian Penal Code. Being aggrieved with the aforesaid order of conviction the present appeal has been preferred.

6. According to the learned counsel for the petitioner the impugned judgment of the Lower Court suffers from various infirmities and as such liable to be interfered with. It has been urged that the statement of victim is inconsistent at different stages, like her statement before the police under section 161 and statement under section 164 and thereafter before the court in course of trial, are totally different on material aspect.

7. Referring to the other evidence and her parents as well as conduct of the victim it has been submitted that such a material inconsistency of the evidence of the vital witness, coupled with the fact that, the victim had love affairs with the accused/appellant, same can be held as conscious act on the part of the victim girl, if at all such incident happened.

8. The learned counsel for appellant has led the court through the evidence of the witnesses so far recorded by the prosecution and has urged before the court that the learned Trial Court has erred in the law as well as fact while appreciating the evidence on record. Evidence of Medical Officer raise the scope to hold that the victim may not minor at the time of occurrence.

9. Learned counsel for the state-respondent has however tempt to rely upon the findings of the learned Trial Court by holding that as the victim has stated all about the incident that she was forcefully raped by accused and hence inference of the guilt of the accused can be drawn. According to the admitcard of school, date of bir