JUDGMENT :

Heard Ms. B. Sarma, learned Amicus Curiae. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State/respondent No.1.

2. This appeal has been preferred challenging the judgment and order dated 18.12.2018 passed by the learned Special Judge, Tinsukia in POCSO Case No. 22(M)/2016, whereby the accused/appellant was convicted under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (herein after referred as POCSO Act) and sentenced him to undergo rigorous imprisonment for 7(seven) years and to pay a fine of Rs.10,000/- in default, simple imprisonment for 3(three) months.

3. The mother of the victim, Rina Gogoi lodged an FIR on 27.10.2014 before the Officer-in-Charge, Pengaree P.S. stating inter-alia that the accused/appellant committed rape on her 14 years old daughter for which she became pregnant. Later on, the wife of the appellant took her daughter to the government hospital secretly and her pregnancy was terminated. On receipt of the FIR, a case was registered vide Pengaree P.S. Case No. 54/14 under Section 376(D) IPC r/w Section 4 of POCSO Act and started investigation on the basis of the FIR. During investigation, the investigati