JUDGMENT :

Sudhanshu Dhulia, C.J.

1. Heard Ms. B. Sarma, learned Amicus Curiae for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam.

2. This criminal appeal arises out of judgment and order of the Trial Court which was passed by the Additional Special Judge, Fast Track Court, North Lakhimpur in Special (POCSO) Case No. 107/2018 under Sections 366 IPC read with Section 4 of the POCSO Act.

3. As per the story of the prosecution, an FIR was lodged on 07.04.2018 at Boginadi Police Station at about 4-00 PM alleging that on 06.04.2018, i.e. the day prior to the lodging of the FIR, at 4-00 pm, the daughter of the informant (hereinafter referred to as "M/s. K."), who was 16 years old, was kidnapped by one Sri Kiran Sonowal with the help of another accused Sri Bhola Sonowal and she was confined in the house of Bhola Sonowal. The police consequently started investigation and filed charge-sheet under Section 366 IPC read with Section 4 of POCSO Act and subsequently the Special Judge framed charges against the accused under the aforesaid provisions and the trial commenced thereafter.

4. Meanwhile it must be stated that the FIR merely states that accused Kiran Sono