JUDGMENT :

1. Heard Mr. B. Phukan, learned counsel for the appellant and Mr. B. Sharma, learned

Addl. P.P. appearing for the State of Assam.

2. This appeal is directed against the judgment & order of conviction and sentence dated 25.11.2019 passed by the learned Special Judge, Sivasagar in Special (P) Case No. 28/2018 whereby and whereunder the appellant has been convicted under Section 10 of Protection of Children from Sexual Offences Act (POCSO Act for short) and sentenced to undergo Simple Imprisonment (SI) for 5 years and to pay a fine of Rs. 5,000/-with default stipulation.

3. The prosecution case in brief is that the informant ‘X’ is the mother of the victim and she lodged an FIR with the police at Simaluguri P.S. alleging that on 02.07.2018 Sri Holiram Borah (hereinafter referred to as the appellant) called her minor daughter say – ‘Y’ to his house and as the appellant was indulging in some sexual activities with ‘Y’, ‘X’ noticed the incident and apprehended the appellant with the help of the villagers. A village meeting was called and as no decision was arrived at, the FIR was lodged which was registered as Simaluguri P.S. Case No. 105/2018 u/s 294/506 of Indian Penal Code (IPC