JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. A. Ahmed, learned counsel for the appellant. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor as well as Ms. Meghali Barman, learned Amicus Curie, representing the victim girl.

2. This appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 has been filed by the appellant, namely, Shariful Islam, impugning the judgment and order dated 30.06.2023 passed by learned Additional Sessions Judge-cum- Special Judge, POCSO, Barpeta in Special POCSO Case No. 105/2019, whereby the appellant was convicted under Section 376 of the Indian Penal Code read with Section 4 of the POCSO Act, 2012, and was sentenced to undergo rigorous 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 one year.

3. The facts relevant for adjudication of the instant Criminal Appeal, in brief, are as follows:

i. That on 30.03.2018, the victim girl (name withheld for the sake of non-disclosure of identity of the victim girl) had lodged an FIR before the Officer-in-Charge of Barpeta Police Station, inter-alia, alleging that the victim/informant was in relationship w