JUDGMENT :

Mitali Thakuria, J.

Heard Mr. M. Dutta, learned Amicus Curiae for the appellant. Also heard Ms. S.H. Bora, learned Addl. Public Prosecutor, Assam for the State respondent.

2. This appeal has been preferred from the jail against the judgment and order of conviction passed by the learned Special Judge, Udalguri in Special POCSO Case No.05/2019, arising out of Mazbat P.S. Case No.58/2018 and convicted the accused/appellant under Section 376(2)(k) IPC and Section 6 of the POCSO Act and applying the provision under Section 42 of the POCSO Act, the accused was sentenced to undergo rigorous imprisonment for 20 years with a fine of Rs.10,000/- (Rupees ten thousand) only, with default stipulation, under Section 6 of the POCSO Act. It is also observed by the learned Special Judge, Udalguri that though initially the charge was framed against the accused appellant under Section 376(2)(I) IPC by his predecessor but considering the mental and physical disability of the victim, the charge is accordingly altered at the time of passing the judgment and accordingly he is convicted under Section 376(2)(k) IPC and Section 6 of the POCSO Act.

3. The prosecution case in brief is that a girl of 12