JUDGMENT :

1. Heard Mr. A. Paul, learned counsel for the appellant. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor representing the State of Assam.

2. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been filed by the appellant, Sri Mithun Rajbongshi impugning the judgment and order dated 30.01. 2021 passed by learned Special Judge (POCSO), Baksa, Mushalpur in Spl. (POCSO) Case No. 08 of 2018, whereby the appellant was convicted under Section 4 of the POCSO Act, 2012 and was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.10,000/- only and in default of payment of fine to suffer further simple imprisonment for a period of one month.

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

i. On 29.01.2017, one Maneswar Rajbongshi had lodged an FIR (First Information Report) before the In-charge of Suagpur Police Outpost under Goreswar Police Station, inter-alia, alleging that on 23.01.2017, at about 7.00 PM, his minor daughter ‘X’ (real name not disclosed to protect the identity of the victim) was at the house of the neighbour of the first informant sitting by the