JUDGMENT :

Rumi Kumari Phukan, J.

Heard Mr. K. Goswami, learned Amicus Curiae for the Appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent.

2. This appeal has been preferred against the judgment and order dated 22.02.2017 passed by the Additional Sessions Judge, Charaideo in Sessions Case No.217(S-C)/2010, whereby the appellant is convicted under Section 376 (2) (f) of the IPC and sentenced him to undergo rigorous imprisonment for 10 years with fine of Rs.50,000/- and in default, rigorous imprisonment for 6 months.

3. The prosecution case in brief is that on 18.09.2010, at about 9.00 AM, when the victim girl, aged about 8 years was not found in the house at the time when she was supposed to go to school, her mother searched for her and then it was found that she returned from the nearby tea garden and upon asking, she reported her mother that the accused took her to his nearby tea garden by inducing her to take honey comb and thereafter he committed rape upon her. The matter was immediately informed to the concerned Gaonbura and thereafter filed the FIR before the O/C concerned and accordingly the case was registered as Borhat P.S. Case No.58/