JUDGMENT :

MRIDUL KUMAR KALITA, J.

1. Heard Ms. B. Sarma, learned Amicus Curiae for the appellant. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State of Assam as well as Ms. L. Devi, learned Legal Aid Counsel, representing the informant/respondent No. 2.

2. This Jail Appeal was registered on receipt of an appeal petition from the appellant, namely, Shyamal Barman, through the Superintendent District Jail, Barpeta, impugning the judgment dated 08.08.2019 passed by learned Special Judge, Barpeta in Special POCSO Case No. 81/2018, whereby the appellant was convicted under Section 6 of the POCSO Act, 2012 and has been sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 1,000/- and in default of payment of fine to undergo further simple imprisonment for 3 months.

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

i. On 30.06.2018, the mother of the victim girl lodged an FIR before the Officer-in-Charge of Barpeta Road Police Station, inter-alia, alleging that on that day, at about 11.30 am, during the absence of her husband, when the informant was attending the cloth store of her husband and the mi