JUDGMENT :

Heard Mr. L. R. Mazumder, learned counsel for the appellant. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. M. A. Sheikh, learned counsel appearing on behalf of respondent No. 2.

2. This is an appeal under Section 374 of the Code of Criminal Procedure, 1973, against the judgment and order dated 30.01.2023, passed by the learned Additional Sessions Judge-cum-Special Judge (POCSO), Dhubri, in Special Case No. 115/2021, convicting the accused/appellant under Section 354-B of the Indian Penal Code and Section 8 of the POCSO Act, 2012, and sentenced him to undergo R.I. for 7 (seven) years and to pay a fine of Rs. 25,000/-(Rupees twenty five thousand) only and in default R.I. for another 6 (six) months.

3. The brief facts of the case is that the informant, i.e. the father of the victim, lodged an F.I.R. on 03.09.2019 before the Officer-In-Charge, Fakirganj Police Station, alleging interalia that on 02.09.2019, at about 10.00 a.m., the accused/appellant called his minor daughter, aged about 5 years, inside his room for plucking gray hair from his head. Thereafter, the appellant, with bad intention, removed the half pant of t