JUDGMENT :

Heard Mr. S. Rahman, learned counsel for the appellant and Mr. P.S. Lahkar, learned Addl. P.P. for the State respondent.

2. This appeal, under Section 374(2) of the Cr.P.C. is preferred by the appellant, namely, Shri Karan Tamang, against the judgment and order dated 21.01.2023 and 25.01.2023, passed by the learned Special Judge, (POCSO), Biswanath at Biswanath Chariali, in Special (POCSO) Case No. 16/2022.

3. It is to be noted here that vide impugned judgment and order dated 21.01.2023 and 25.01.2023, the learned court below has convicted the appellant under Section 457 IPC read with section 4 of the POCSO Act and sentenced him to suffer rigorous imprisonment for 7 years with fine of Rs. 5,000/-with default stipulation under section 4 of the POCSO Act and also sentenced him to suffer rigorous imprisonment for 1 month with fine of Rs. 100/- with default stipulation, under section 457 IPC.

4. The background facts, leading to filing of the present appeal, are adumbrated herein below:-

“On 04-05-2022, Smt. Aruna Dhanuwar had lodged an ejahar with the In-Charge, Borgang Police Out Post to the effect that on 03-05-2022, while her cousin Smti ‘X’, name withheld, was sleeping at her