JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

1. Heard learned counsel Mr. S. Das for the appellant Ananda Kheruar who has filed this appeal challenging the Judgment and Order dated 12.07.2019, passed by the learned Special Judge, Udalguri, Assam in connection with Special POCSO Case No. 16/2018, convicting the appellant under Section 365 of the INDIAN PENAL CODE (IPC for short) and sentencing him to undergo rigorous imprisonment for 4 years and to pay a fine of Rs. 2000/- with default stipulation and further convicting him under Section 4 of the Protection of Children from Sexual Offenses Act, (POSCO Act for short) and sentencing him to undergo rigorous imprisonment 10 years and to pay a fine of Rs. 4000/- with default stipulation.

2. Heard Mr. B. Sarma, learned Additional Public Prosecutor for the respondent State and learned Amicus Curiae, Dr. P. Agarwal for the informant.

3. The genesis of the case was that the victim, 'X', a student of Class-X left her home at about 7 a.m. on 05.02.2018 and did not return. It is alleged that the appellant kidnapped the victim and committed penetrative sexual assault on the victim. An FIR was lodged which was registered as Harisinga P.S. Case No. 05/2018