The appellant was entitled to the benefit of doubt due to inconsistencies in the victim's testimony and lack of corroboration.

JUDGMENT :

1. Heard Mr. M.K. Borah, learned counsel for the appellant. Also heard Mr. B. Sharma, learned Additional Public Prosecutor, appearing for the State of Assam.

2. This appeal has been preferred by the appellant, Md. Babu Ali @ Imran Ali under Section 374 of the Code of Criminal Procedure, 1973 impugning the Judgment and Order dated 27.09.2022, passed by learned Special Judge, POCSO, Karbi-Anglong, Diphu in POCSO Case No. 02/2016, whereby the present appellant was convicted under Section 4 of the POCSO Act, 2012 and was sentenced to undergo simple imprisonment for 7 years and to pay a fine of Rs. 10,000/-and in default of payment of fine to undergo further simple imprisonment for two months.

3. The facts relevant for consideration of the instant appeal, in brief, are as follows:-

i. That on 16.01.2016, the informant Smti Mina Bora had lodged an FIR before the In-Charge of Diphu Bazar TOP, Diphu, inter-alia, alleging that the daughter of the first informant (herein after referred to as victim), who was aged about 14 years at that time was lured away by the appellant when she had went for shopping.

ii. On receipt of the said FIR, Diphu P.S. Case No. 13/2016 under Section 366 A of the Indian Penal Code was registered and investigation was initiated. Ultimately, after completion of the investigation, the Investigating Officer laid the charge-sheet under Section 366 A of the Indian Penal Code and Section 4, 5 and 6 of the POCSO Act, 2012 against the present appellant.

iii. The appellant appeared before the learned Trial Court and faced the trial.

iv. After furnishing necessary copies of documents as referred to in Section 207 of the Code of Criminal Procedure, 1973 and after hearing both the sides, learned Trial Court had framed the charge under Section 4 of the POCSO Act, 2012 against the present appellant and when the said charge was read over and explained to the present appellant, he pleaded not guilty to the said charge and claimed to be tried.

v. During trial the prosecution side examined as many as 8(eight) prosecution witnesses including the informant as well as the victim. The appellant was examined under Section 313 of the Code of Criminal Procedure, 1973 during which he pleaded his innocence. However, no defence evidence was adduced on behalf of the appellant. Ultimately, after consideration of the materials available on record, the present appellant was convicted and sentenced by the learned Trial Court in the manner as already stated hereinabove. The said Judgment and Order of conviction and sentence has been impugned in the instant appeal.

4. Before I consider the submissions made by learned counsel for both the sides, let me go through the evidence of the prosecution witnesses which is available on record.

5. PW-1 Smti Mina Bora is the informant of this case. She has deposed that she knows the accused and the victim. The victim girl is her daughter. The occurrence took place two years back. On the date of occurrence at about 9-30 PM, she and the victim went to bed. Later on at about 12:00 midnight, when she woke up, she did not find her daughter on the bed. She could find that the door was locked from outside. Then she started shouting. Hearing her shouts, nearby resident namely, Purnima Bania came and opened the door. Thereafter, she went to railway station and searched for her daughter. She could learn that the accused took away her victim daughter and she lodged the ejahar which is exhibited as Exhibit-1. She has further deposed that after a few days, police took her (PW-1) to Lanka Udali where the grandmother of the accused stayed. Police recovered the victim girl and the accused from a field of sesame cultivation. Then the police brought the victim girl and the accused to Diphu Police Station. Police got the victim medically examined and statement of the victim recorded in the Court. At the time of occurrence, the age of the victim was 11 to 12 years.

In cross-examination, PW-1 told that her house is situated near