Heard Mr. H. Debbarma, learned counsel appearing for the appellant as well as Mr. B. Choudhury, learned PP appearing for the State.

2. This is an appeal under Section 374(2) of the Cr.P.C. from the judgment dated 22.01.2016 delivered in Special (POSCO) 02 of 2015 by the Special Judge, North Tripura, Dharmanagar. In terms of the said judgment of conviction dated 22.01.2016, the appellant has been sentenced to suffer simple imprisonment for 3(three) years and to pay a fine of Rs.1,000/-, in default, to suffer further simple imprisonment for 3(three) months under Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. In view of Section 42 of the POSCO Act, 2012 no separate sentence has been awarded under Section 354 of the IPC even though it has been held by the Special Judge that the appellant has outraged the modesty of the victim.

3. The genesis of the prosecution is rooted in the oral ejahar [Exbt.1] filed by one Sadhana Bauri [PW-2] revealing that her daughter, the victim [PW-1] reported her that the appellant had touched her vagina with his penis and pushed it to penetrate. She was hurt and suffered pain. The incident was informed to the