JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

1. Heard Mr. A. Roshid, learned counsel for the appellant and Mr. P.S. Lahkar, learned Addl. P.P. for respondent No. 1 and Mr. T. Deuri, learned counsel for respondent No. 2.

2. This appeal is preferred u/s 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) challenging the judgment and order dated 29.06.2022 passed by the learned Sessions Judge, Goalpara in Sessions Case No. 110/2017 convicting the appellant u/s 448/376 of the Indian Penal Code (IPC for short) and sentencing him to suffer Simple Imprisonment for 6 months for offence u/s 448 IPC and Rigorous Imprisonment for 10 years and to pay fine of Rs. 10,000/- with default stipulation for offence u/s 376 IPC.

3. The brief facts leading to this case are that on 19.07.2017 Mehbul Islam (hereinafter the appellant) trespassed into the informant’s house in absence of the other family members and committed rape on the informant’s daughter (hereinafter referred to as ‘X’ or victim). The informant lodged an FIR which was registered as Krishnai P.S. Case No. 187/2017 u/s 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act for short). The Investigating Officer (IO in