JUDGMENT :

AJIT BORTHAKUR, J.

1. Heard Mr. M. Hussain, learned counsel appearing for the accused appellant. Also heard Mr. D. Das, learned Additional Public Prosecutor, Gauhati High Court. None appeared for the respondent No. 2/informant.

2. This appeal under Section 374 (2) of the Cr.P.C. is preferred against the judgment and order, dated 16.08.2018, passed by the learned Special Judge (POCSO Act), Dhubri in Special Case No. 26/2016 whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 3 (three) years and to pay fine of Rs.5,000/- (Rupees Five Thousand), in default to suffer imprisonment for 2 (two) months under Section 363 of the IPC and also to undergo rigorous imprisonment for 7 (seven) years and to pay fine of Rs.10,000/- (Rupees Ten Thousand) only, in default to suffer rigorous imprisonment for 3(three) months only under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short).

PROSECUTION STORY:

3. The prosecution story, in brief, is that an F.I.R. was lodged on 18.04.2016 before the Officer-in-Charge, Golokganj Police Station with an allegation that on 17.04.2016 at about 7 p.m., taking the advantage of