JUDGMENT :

MICHAEL ZOTHANKHUMA, J.

1. Heard Mr. A. Ahmed, learned Amicus Curiae and Mr. K.K. Das, Additional Public Prosecutor, Assam for the State/respondent No. 1.

2. The present appeal has been filed against the impugned judgment dated 16.08.2018 passed by the learned Sessions Judge-cum-Special Judge, Sivasagar in SPl.(P) Case No. 02/2015, by which the appellant has been convicted under Section 6 of the POCSO Act, 2012 and sentenced to undergo rigorous imprisonment for life with the fine of Rs. 2,000/- (Rupees two thousand), in default, to undergo simple imprisonment for 2(two) months.

3. The prosecution case in brief is that an FIR dated 21.12.2014 was submitted by the father of the victim girl to the Officer-in-Charge of the Sonari Police Station, to the effect that his daughter went missing at around 1 P.M. on 21.12.2014 and after making a search for her, they found her at around 3 P.M., in the jungle in the middle of Sonari Tea Garden. She had been left unconscious after being raped. After bringing her back to the house, she was admitted to Naphuk Garden Hospital and thereafter referred to AMCH, Dibrugarh.

4. Consequent to the FIR submitted by the father of the victim, who is Pro