JUDGMENT :

S.G. PANDIT, J.

1. The accused in Spl. Case (POCSO) No. 71/2015 on the file of the Special Judge and Additional District and Sessions Judge at Bidar has filed this appeal impugning the judgment of conviction dated 26.12.2016 and order of sentence dated 28.12.2016 whereby the accused is convicted for the offences punishable under sections 376 (2) of the Indian Penal Code, 1860 (for short the ‘IPC’) and Sections 6 and 5 (m) (n) of the Protection of Children from Sexual Offences Act, 2012 (for short the ‘POCSO Act’). Appellant accused is sentenced to undergo life imprisonment and to pay fine of Rs. 10,000/- each for the offences punishable under Section 376 (2) of IPC and section 6 of POCSO Act.

2. The investigation against the accused commenced by the Manthal police on the information filed by the victim's mother Smt. Mumtaz on 23.06.2015 stating that she along with her husband and two children Ibrahim and Saniya aged 4 and 3 years respectively are residing at Ladvanti village and eking out life by coolie work. On 23.06.2015 at about 7.00 a.m. after feeding the children, both the complainant and her husband went to coolie work. At about 1.00 p.m. the complainant came back to her house and she could not find her children in the house. In search of her children she went to her sister-in-law's house. In her sister-in-law's house her husband Khursheed S/o Mohammad @ Anwar Khan was holding her daughter Saniya's mouth in one hand and was committing sexual intercourse with her daughter Saniya. On seeing the complainant, the accused ran away by pushing the complainant. Further the complainant states that victim Saniya was in tears and blood was oozing from her private part. Thereafter she called her husband over telephone and thereafter they went to the police station and submitted complaint stating that the accused has committed rape on her 3 years daughter and requested to take action against him.

3. The Manthal police registered FIR in Crime No. 72/2015 on 23.06.2015 against the accused for the offences punishable under Section 376 of IPC and Section 5 (m) (n) and 6 of POCSO Act. Thereafter the accused was arrested.

4. The statement of victim and her mother was recorded under Section 164 of Cr.P.C. on 25.06.2015. The Investigating Officer filed final report against the accused for the offences punishable under Section 376 of IPC and Section 6 of POCSO Act. The bail application filed by the accused was rejected by the trial court and application for suspension of sentence in this appeal is also rejected. The appellant is in custody since his arrest on 23.06.2015. The Special Court, after hearing, has framed charges against the accused for offences punishable under Section 376 of IPC as well as sections 5 (m)(n) and 6 of POCSO Act. The accused pleaded not guilty and prayed for trial. The prosecution, among others examined the complainant mother of the victim, father of the victim, doctor who examined the victim as well as accused, Investigation Officer and the person who recorded the statement of victim and mother under Section 164 of Cr.P.C. who supported the prosecution case.

5. The accused in his statement recorded under Section 313 Cr.P.C. denied evidence against him and accused has not led any evidence. The defence of the accused from the material on record appears to be one of total denial.

6. Heard the learned counsel for the appellant Sri. B.C. Jaka and learned Addl. SPP for the State. Perused the entire trial court records.

7. The learned counsel for the appellant-accused mainly contends that the prosecution has failed to prove the charge and the entire case is fabricated. Further the learned counsel would submit that there is nothing on record to implicate the accused. The prosecution witnesses PWs-6 to 9 relative of the complainant and accused have not supported the prosecution case and have turned hostile. The trial court convicted the accused based on the evidence of interested persons. The allegations made against the