JUDGMENT :

This appeal is directed against the judgment and order dated 30.11.2019 passed by the learned Additional Sessions Judge, Bajali, Pathsala, in Special POCSO Case No. 12/2018, whereby the appellant was convicted under Section 4 of the POCSO Act and sentenced to rigorous imprisonment for 7 years and to pay fine of Rs. 10,000/-with default stipulation.

2. As per prosecution case, on 05.04.2018, at about 10 O’clock at night, the daughter and niece of the informant were missing from their respective houses. During search, both the victims were found on the next day at Rajakhat chowk and on being asked, both of the victims told that the appellant and the co-accused took away them upon assurance of marriage and committed rape on them. An FIR was lodged by the father of the one victim, on the basis of which police registered Barpeta P.S. Case No. 718/2018 under Section 366A/34 IPC read with Section 4 of POCSO Act and upon completion of the investigation submitted charge sheet against both the accused named in the FIR. The co-accused Habibul has been found to be juvenile and as such his case has been dealt with by the Juvenile Justice Board and the present appellant stood trial befo