JUDGEMENT :

(SUSMITA PHUKAN KHAUND, J.)

1. This appeal is directed against the Judgment and Order dated 26.06.2020, passed by the learned Special Judge, Bilasipara in connection with Special (POCSO) case No. 11/2019, convicting Abdul Baten hereinafter referred to as the appellant under Section 4 of the Protection of Children from Sexual Offences Act, (POCSO Act for short) and sentencing him to undergo rigorous imprisonment (RI for short) for 7 years and to pay a fine of Rs. 5000/- with default stipulation and under Section 448 of the IPC and sentencing him to undergo R.I. for 2 months.

2. The genesis of the case was that the informant 'Y' and his wife are labourers working in 'Sagar Itabhata'. He along with his three children including the victim 'X' were residing as tenants in Abdul Sayed's house. On 25.02.2019, at about 2 p.m., the appellant with wrongful intention came to the informant's house at Haldibari and committed criminal trespass. Grabbing the opportunity of his and his wife's absence, the appellant paid 10 rupees to the informant's sons 'Z' and 'A', and sent them to a shop. Thereafter, the appellant Abdul Baten gagged the minor victim girl 'X' who was alone at home and com