JUDGMENT & ORDER : This appeal is directed against the judgment dated 07.09.2015 and order of conviction and sentence dated 28.09.2015 passed by the learned Special Judge, (POCSO), West Tripura, Agartala in connection with case No. Special (POCSO) 07/2014 under Section 8 of the POCSO Act, 2012 whereby and whereunder the accused-appellant has been sentenced to undergo RI for three years and to pay fine of Rs.3,000/- i.d. to suffer further RI for a period of two months. 2. The prosecution case, in brief, is as under: On 19.02.2014, at about 8 pm, Abhijit Bhowmik @ Abhi @ Kalu, neighbour of the victim girl, sent one boy named Sankar Debnath, the appellant herein, to her house for calling her and took her to the jungle near her house. Then Abhi pressed her mouth with his hand and laid her on the ground and forcibly committed rape on her. However, she managed to rescue herself and raised cry when the neighbouring people arrived at the spot but Sankar Debnath, the accused-appellant and Abhi fled away. The victim girl informed the incident to her parents and neighbours. The incident was the result of the conspiracy entered into by Sankar Debnath, the accused-appellant, and Abhi. 3. Accordingly, the Officer-in-charge, Amtali P.S. registered a case vide Amtali P.S. Case No. 52 of 2014 under Sections 376/114 of the IPC and started investigation. The case was registered vide case No. Special (POCSO) 07/2014. The IO filed the chargesheet in the court of learned Special Judge, who having found prima facie materials, framed charges against the present appellant under Section 109 read with Section 114 of the IPC and conducted the trial. 4. The ejahar, seizure list and hand sketch map have been brought into evidence. The blood samples, vaginal swab and wearing apparels were sent to the SFSL for examination. To substantiate the charge, the prosecution examined as many as 9 witnesses including the informant-victim girl and also exhibited some documents including the SFSL report of the victim. After taking note of the evidence and materials on record, the learned Special Judge has found that due to some reason the victim girl-complainant, did not divulge anything to prove that Abhi Bhowmik had committed any sexual assault on her but learned Special Judge has held that he had touched the body of the victim girl. After taking note of the evidence and materials on record, the learned Special Judge has found that due to some reason the victim girl-complainant, did not divulge anything to prove that Abhi Bhowmik had committed any sexual assault on her but learned Special Judge has held that he had touched the body of the victim girl. However, considering the age of the co-accused Abhi Bhowmik (20 yrs), learned Special Judge has held that benefit of Section 6 of the Probation of Offenders Act may be offered to him and in the normal course the co-accused, Abhijit Bhowmik was given the benefit of that Act. But, the learned Special Judge has convicted the appellant, Sankar Debnath who was aged about 24 years, and held that his case could not considered under Section 6 of that Act, and convicted and sentenced him, as stated supra. 5. Being aggrieved by and dis-satisfied with the said judgment of conviction and sentence the present appeal has been preferred by the accused-appellant. 6. Mr. A Basak, learned counsel appearing for the appellant submits that there was no proof that the appellant had tried to sexually assault the victim girl. The SFSL report relating to the seized articles did not contain any adverse report that there was any sign of committing any sexual assault upon the victim girl. Learned counsel for the appellant has prayed for releasing the accused-appellant by way of giving him the benefit of Section 6 of the Probation of Offenders Act. 7. I have perused the SFSL report wherein I find that there is no symptom of commission of any sexual assault upon the victim girl. 8. Mr. A Roy Barman, learned Addl. PP appearing for the State has in his usual fairness submitted that there is no substantial evidence that the accused-appellant had committed any sexual assault or harassment to the victim girl. 9. Having considered the submissions of the learned counsel for the parties, I do not find any concrete evidence to hold that the present appellant, Sankar Debnath has committed any sexual assault on the victim girl. The accused appellant was aged about 24 years at the time of incident. After taking note of the entire situation, this court is of the opinion that the present appellant also may be given the same benefit as was given to the co-accused, Abhijit Bhowmik. 10. The accused appellant was aged about 24 years at the time of incident. After taking note of the entire situation, this court is of the opinion that the present appellant also may be given the same benefit as was given to the co-accused, Abhijit Bhowmik. 10. Accordingly, the present appellant, Sankar Debnath is hereby given the benefit of Section 6 of Probation of Offenders Act and the judgment dated 07.09.2015 and order of conviction and sentence dated 28.09.2015 passed by the learned Special Judge, (POCSO), West Tripura, Agartala in connection with case No. Special (POCSO) 07/2014 is hereby set aside. 11. The appellant is to fulfill the requirements of Probation of Offenders Act and furnish bond of Rs.25,000/- to the satisfaction of the learned Special Judge (POCSO), West Tripura, Agartala within seven days from the date of receipt of the copy of this judgment. Consequently, the appeal is allowed to the extent as indicated above. Send down the LCRs.