JUDGMENT :

Kaushik Goswami, J.

Heard Ms. B. Sarma, learned Amicus Curiae appointed by this Court to represent the appellant in the present criminal appeal. Also heard Ms. A. Begum, learned Additional Public Prosecutor appearing for the state respondent, and Ms. N. Deka, learned Legal Aid Counsel to represent the informant/victim.

2. The present criminal appeal is directed against the judgment and order dated 10.08.2022 passed by the learned Additional Judge cum Special Judge (POCSO), Kamrup (M), in Sessions (Spl.) Case No.43/2021, whereby the appellant was convicted under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’) and sentenced thereof to undergo Rigorous Imprisonment for a period of 25 (twenty five) years and to pay a fine of Rs. 5,000/-, in default of fine, to undergo Simple Imprisonment for another 6 (six) months.

3. The case of the prosecution in brief is that on 12.10.2020, an F.I.R. was lodged by the mother of the victim girl, i.e., PW-1 alleging, inter-alia, that her sister-in-law informed her over the phone about 4 (four) days ago that the accused/appellant had committed rape upon the victim by threatening