PROMUD YADAV Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Nawaz, learned counsel for the appellant. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam as well as Mr. D. Gogoi, learned Amicus Curiae appearing for the respondent No. 2/informant.

(2.) This Criminal Appeal has been filed, under Sec. 374(2) of the Code of Criminal Procedure, 1973, by the appellant, Promud Yadav, impugning the judgment and order dtd. 14/6/2023 passed by the learned Special Judge (POCSO), Karbi Anglong, Diphu in the POCSO Case No. 08/2022 whereby the appellant was convicted under Sec. 10 of the POCSO Act, 2012 and was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000.00 and in default of payment of fine to undergo simple imprisonment for two months.

(3.) The facts relevant for consideration of the instant appeal, in brief, are as follows:-