JUDGMENT :

Rumi Kumari Phukan, J.

Heard Mr. A. Dasputa, learned counsel appearing for the appellant/accused as well as Mr. D. Das, learned Addl. P.P., Assam appearing on and behalf of the State respondent.

2. This appeal is preferred against the judgment and order, dated 03.10.2015 passed by the learned Sessions Judge, Dibrugarh in PCSO Case No. 5/2013 arising out of G.R. Case No.1417/2013, whereby the appellant/accused has been convicted u/s. 6 of the POCSO Act and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/-, in default, simple imprisonment for another 6 weeks.

3. The prosecution case, in a nutshell, is that on 02.05.2013 at about 3:00 PM, the accused person lured the victim, who was a student of Class-II studying at Milanpur Jatiya Vidalaya, wherein the accused was working as Chowkidar in the school, and asked the victim to stay for a while after the school is over and thereafter, accused made penetrative sexual assault upon the victim by laying her down on a bench. The victim stayed with her grand-mother and there is no other male member in the family. She reported the matter to her grand-mother after the occurrence but only after arrival