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Heard Mr. A.K. Gupta, learned Amicus Curiae for the accused/appellant. Also heard Mr. B.J. Dutta, learned Addl. P.P., Assam representing the State respondent.

2. The present appeal has been preferred by the appellant from inside the jail who has been convicted by the learned Sessions Judge, Dhemaji, in Sessions Case No.78(DH)2016, u/s.366 of the IPC, read with Section 4 of the Protection of Children From Sexual Offences Act, 2012 (in short 'the Page No.# 2/8 POCSO Act').

3. The prosecution case in a nut shell is that on 19.05.2016, one Smti Tutumoni Saikia, the mother of the victim lodged an FIR, before the Gogamukh P.S. that on 18.05.2016, at 3 P.M., the accused person forcefully took away her daughter who is a student of Class-X, from the Gogamukh Chariali. She came to know that the accused has also another wife. On the basis of the aforesaid FIR, the Gogamukh P.S. Case No.99/2016 was registered, u/s.366(A) IPC. During the course of investigation, the victim was recovered and after completion of the investigation, the charge sheet was submitted against the accused u/s. 366(A) IPC.

4. The case was committed to the Court of Sessions being the offence u/s. 366(A) IPC is triable by the Court of Sessions.

5. The accused person faced the trial, denied the charge u/s.366 IPC, that was framed against him.

6. In support of the case, the prosecution examined 8 witnesses including the Investigating Officer and the Medical Officers. But however prior recording the statement of the accused u/s. 313 CrPC and considering the submission of the victim, the Court also framed charge u/s. 4 of the POCSO Act, which was accordingly explained to him to which he pleaded not guilty. The statement of the accused person was also recorded u/s.313 CrPC, who has taken the plea of juvenility and accordingly an ossification test was conducted to examine the actual age and in turn there was a medical report from the Medical Officer of Dhemaji Civil Hospital that the accused is 18 years, however the learned Sessions Court held that the accused was not juvenile on the day of occurrence. Thereafter the statement of the accused person was recorded u/s. 313 CrPC, wherein he has stated that they have love affairs and it was the victim herself who used to call him and asked him to take her out and he submitted that the victim went with him voluntarily and committed consensual sex with him, not by force.

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7. The learned trial Court after examination of the witnesses found and hold the accused guilty and sentenced him to undergo R.I. for 5 years u/s. 366 IPC. The accused is also found guilty under Section 4 of the POCSO Act and sentenced him to suffer R.I. for 7 years and to pay a fine of Rs.4,000/- in default R.I. for four months.

8. Being aggrieved and dissatisfied with the aforesaid order, the present appeal is preferred.