1. This appeal, under Section 374 (2) of the Cr.P.C., is preferred against the judgment and order, dated 17-09-2016, passed by learned Special Judge-cum-Sessions Judge, Darrang, Mangaldai, in Sessions Case No. 81 (DM) of 2014, convicting the accused-appellant, under Section 8 of the Protection of Women from Sexual Offence Act, (in short, POCSO Act) and sentencing him to rigorous imprisonment for 4 years and to pay a fine of Rs.15000/-, in default, rigorous imprisonment for 3 months. The accused-appellant was also sentenced to suffer rigorous imprisonment for 2 years and to pay a fine of Rs. 10,000/-, in default, rigorous imprisonment for 3 months, for the offence under Section 354 of the IPC. The sentences were directed to run concurrently.

2. I have perused the appeal memo, the impugned judgment and order as well as the record of the learned trial Court including the evidence of the witnesses for both sides.

3. I have heard Mr. W Rahman, learned counsel appearing on behalf of accused-appellant and Mr. B Sarma, learned Additional Public Prosecutor, Assam.

4. The prosecution case, in brief, is that the victim was sexually assaulted by the accused- appellant in his hou