JUDGMENT :

Suman Shyam, J.

1. Heard Mr. N.J. Das, learned counsel appearing for the appellant. We have also heard Mr. M. Phukan, learned APP, Assam, appearing for the State. None has appeared for the informant.

2. This appeal is directed against the judgment and order dated 22/11/2019 passed by the learned Special Judge, Barpeta in Special POCSO Case No. 72/2018, finding the appellant guilty of committing penetrative sexual assault under section 3 of the POCSO, Act,2012 [here-in after referred to as "POCSO"] and sentencing him under Section 4 of the POCSO to undergo rigorous imprisonment for a period 12 years and also to pay fine of Rs. 2,000/-, in default, to suffer simple imprisonment for another 3 (three) months.

3. The facts of the case, briefly stated, are that on 26/11/2016, one Nazrul Islam i.e. the uncle of the victim girl, had lodged an ejahar before the In-Charge, Barbhita Police Outpost, in the district of Barpeta, informing that on 10/10/2016, at about 5 p.m., the accused No.1/appellant, acting in a conspiracy with the accused nos. 3, 4, and 5, had forcibly taken away his niece to the house of the accused no. 1 and committed rape on her against her will. In the ejahar, it w