JUDGMENT :

Parthivjyoti Saikia, J.

Heard Mr. B. Prasad, the learned Amicus Curiae representing the appellant and Ms. S. Jahan, the learned Addl. Public Prosecutor, Assam. Also heard Mr. A. Dhar, the learned Amicus Curiae representing the respondent no.2.

2. Challenge in this appeal is to the judgment and order dated 14.11.2019 passed by the learned Sessions Judge, Dibrugarh in POCSO Case No.12 of 2019 (G.R. Case No.2809/2018) whereby the appellant was convicted under Section 4 of the POCSO Act, 2012.

3. The prosecution case, in a nutshell, is that about 10 days prior to filing of the FIR, the appellant allegedly committed penetrative sexual assault upon his own daughter who was about 13 years old at the time of occurrence.

4. On 06.08.2018, the FIR was lodged by the mother of the victim girl narrating the aforesaid fact.

5. On 07.08.2018, the victim girl was examined by the doctor. The doctor’s report goes like this-

On genital examination:

a. Genital organs developed;

b. Vulva: Labia majora covered labia minora and clitoris on abduction of both thighs;

c. Hymen intact and elastic;

d. Uterus not palpable per abdomen;

e. Vagina and cervix healthy;

f. Evidence of venereal diseases not detected cl