JUDGMENT :

Heard Mr. D.K. Nath, learned counsel for the appellant and Mr. R.J. Baruah, learned Addl. Public Prosecutor for the State respondent No. 1. Also heard Mr. P. Saikia, learned Legal Aid counsel for the respondent No. 2.

2. This appeal is preferred from the Central Jail, Jorhat, by the appellant, namely, Shri Papu Das, who stood convicted vide the impugned judgment and order dated 07.03.2020, passed by the learned Special Judge (POCSO), Jorhat, in Special Case No. 47/2018, under Section 354 of the IPC, read with Section 8 of the POCSO Act and sentenced him to suffer rigorous imprisonment for three years and a fine of Rs. 5,000/-with default stipulation under Section 354 of the IPC and also sentenced to suffer rigorous imprisonment for five years and also to pay a fine of Rs. 10,000/-, with default stipulation, under Section 8 of the POCSO Act.

3. The background facts leading to filing of the present appeal are briefly stated as under:

“On 29.05.2018, at about 2 p.m. in the afternoon, the daughter of Smt. Munu Gogoi, namely, Smt. X (name withheld), of Teok Telia Gaon, went to the shop of Shri Papu Das to purchase some toffee and then, said Papu Das committed rape upon her. On re