JUDGMENT AND ORDER (ORAL)

1. Heard Ms. B. Sarma, learned Amicus Curiae for the appellant and Mr. B. Gogoi, learned Addl.

Public Prosecutor appearing for the State respondent.

2. This criminal appeal from jail is preferred by the accused appellant, namely, Shri Jagat Basumatary, against the judgment and order, dated 25.09.2017, passed by the learned Sessions Judge – cum- Special Judge, (POSCO Act), Dhemaji, in Sessions Case No. 129 (DH)/2015, whereby the accused appellant has been convicted and sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 5,000/-, in default of payment of fine to undergo R.I. for another 5 (five) months, under Section 4 of the POSCO Act, 2012.

3. The appellant’s case, in a nutshell, is that on 23.11.2015, an FIR was lodged with the Officer-in- Charge of Gogamukh P.S. alleging that on that day at about 3:00 P.M., while the informant’s daughter, aged about 6-½ years was going to her mother’s shop, the accused appellant enticed her to his shop holding by her hand and then committed sexual assault on her gagging her mouth with a cloth. After the said incident, she returned home weeping and reported the incident to her aunt and thereupon, her aunt, with th