JUDGMENT :

BISWANATH SOMADDER, C.J.

1. The instant Criminal Appeal arose in respect of a judgment and order dated 29^th November, 2023, rendered by the learned Special Judge (POCSO Act, 2012), Gangtok, Sikkim in S.T. (POCSO) Case No. 51 of 2021, whereby the appellant, Bickey Pariyar alias Darjee, was convicted of an offence committed under section 4(2) of the Protection of Children from Sexual Offences Act, 2012 (for short, "the POCSO Act, 2012") and sentenced with simple imprisonment for a term of 20 years and to pay a fine of Rs.2,000/- (Rupees two thousand only), with a default stipulation.

2. A Division Bench of this Court heard the instant criminal appeal, being Crl. A. No. 03 of 2024. The Division Bench rendered two separate judgments on 05^th March, 2025. One of the Hon’ble Judges (Meenakshi Madan Rai, J.) acquitted the convict (being the appellant herein) and the other Hon’ble Judge (Bhaskar Raj Pradhan, J.) upheld the judgment and order of conviction rendered by the learned Special Judge (POCSO Act, 2012). This has resulted in a divergence of views and in such circumstances, the matter was referred before this Bench for a final decision on the issue.

3. Since the facts of the ca