JUDGMENT :

Heard Mr. A. Ahmed, learned counsel for the appellant and Mr. B. Sarma, and Mr. P.S. Lahkar, learned Addl. P.P.(s) for the State respondent.

2. This appeal is directed against the judgment and order dated 05.02.2020, passed by the learned Special Judge, Bijni in Special [P] Case No. 45[B]/2019. It is to be noted here that vide impugned judgment and order, the learned court below has convicted the appellant under section 6 of the POCSO Act and sentenced him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/- with default stipulation.

3. The factual background leading to filing of the present appeal is briefly stated as under :-

“On 02.08.2018, one Khaneswar Barman of No. 1 Saragaon, under Bijni P.S., lodged an FIR with the Bijni PS on 02.08.2018, to the effect that since six months back Pranjit Barman of Pub-Khamarpara committing rape upon his daughter, Smti X [name withheld] aged 17 years, with a promise to marry her and also threatened to kill her if she discloses the factum of rape to anybody else. Then on 29.07.2018, at about 11.30 pm, the appellant came to his house with a Pulsar Bike, bearing registration No. AS-26-A6701, and called his daughter to the backside of his house and attempted to lift her forcefully in his bike and then his daughter raised hue and cry and then he and his family members, with the help of the villagers, apprehended the appellant. But, somehow the appellant managed to escape. Thereafter, he was trying to settle the matter, but, the same failed to yield any result and as such there was delay in lodging of the FIR. Thereafter, he had handed over the bike, which is left behind by the accused with the police station. Upon the said FIR the O/C of Bijni PS registered a case, being Bijni PS Case No. 239/2018, under sections 376[2][n]/363/511 of the IPC and endorse WSI Gamanti Brahma to investigate the same. The IO then visited the place of occurrence and examined the witnesses and prepared the sketch map of the place of occurrence and got the victim examined by the Doctor and collected the report and also got her statement recorded under section 164 of the Cr.P.C. and seized the motor cycle preparing seizure list and arrested the accused and forwarded him to the court. Then on investigation and having found made a prima-facie case against the accused she laid charge sheet against the accused to stand trial in the court under section 376[2][n]/363/511 of the IPC read with section 6 of the POCSO Act. Accordingly, the appellant appeared before the learned court below and then hearing learned counsel for both the parties, the learned court below has framed charge against the appellant under section 376[2][n]/363/511 of the IPC and read with section 6 of the POCSO Act and on being read over and explained over the same to the appellant he pleaded not guilty to the same. The learned court below, thereafter, had examined as many as 10 witnesses, including the M.O. and the I.O. and thereafter, examined the appellant under section 313 of the Cr.P.C. and thereafter hearing argument learned counsel for both the parties the learned court below convicted the appellant under section 6 of the POCSO Act and sentenced him as aforesaid.”

4. Being highly aggrieved, the appellant has preferred the present appeal on the following grounds:-

[i] That, the impugned judgment and order suffers from manifest illegality and it is bad in law;

[ii] That, no ingredients of the offence under section 6 of the POCSO Act is made out from the materials available on record;

[iii] That, the prosecution side has failed to prove the motive and intention of the appellant and his involvement in the alleged incident and without considering the same, the learned court below has passed the impugned judgment and order;

[iv] That, there is contradiction in the version of the witnesses with their statements under section 161 of the Cr.P.C. and as such they are not reliable witnesses, but the learned court below has placed r