JUDGMENT :

Heard Mr. N. Barman, learned counsel for the appellant as well as Mr. B.B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent.

2. This appeal under Section 374 (2) of the Code of Criminal Procedure (‘Cr.P.C.’ for short) is preferred against the Judgment and Order, dated 21.12.2020, passed by the learned Special Judge (POCSO Act), Baksa, in Special POCSO Case No. 33 of 2018, whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for 3 (three) years and to pay fine of Rs.10,000/- in default, to suffer simple imprisonment for 1 (one) month under Section 8 of the POCSO Act.

PROSECUTION STORY:

3. The prosecution story, in brief, is that on 14.02.2017, at around 6.30 am, while the minor daughter of the informant was returning home from the field after tethering cows, the accused/ appellant committed rape on her by gagging her mouth. It was also alleged that one co-villager, namely, Dipali Rajbongshi witnessed the occurrence and the appellant, after witnessing the said woman, fled away from the scene. It was further alleged that the informant’s mother, knowing the occurrence, convened a ‘bichar’(village meeting), but as no result yi