JUDGMENT :

MALASRI NANDI, J.

1. Heard Ms.D.Saikia, learned Amicus Curiae for the appellant and Mr. B.Sarma, learned Additional Public Prosecutor for the State/respondent.

2. This appeal has been preferred by the accused appellant against the Judgment and Order dated 28.11.2018 passed by the learned Special Judge, Hailakandi in Special (POCSO T-1) Case No. 04/2017 under Section 4 of POCSO Act, 2012 whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.2000/- in default, further rigorous imprisonment for 2 months.

3. The brief facts of the case is that on 03.05.2017 an FIR had been lodged by the father of the victim stating inter-alia that the appellant had lured his four years old daughter to his house and thereafter, he tried to commit sexual assault with his daughter by confining her in his room. On hearing her scream, his wife entered inside the house of the accused appellant and found the appellant and her daughter in naked condition. His wife brought back his daughter and informed the matter to the neighbours. As the appellant tried to commit sexual intercourse with his daughter forcibly, she sustained swollen injury