V.M. DESHPANDE, J.

1. Present appeal is directed against judgment and order of conviction passed by learned Sessions Judge, Nagpur dated 31.01.2018 in Special Criminal (POSCO) Case No. 198/2016.

2. By the impugned judgment and order of conviction, appellant-Akash is convicted for the offence punishable under Section 376 (2) (i) of the Indian Penal Code (IPC) read with Sections 4 and 8 of the Protection of Children From Sexual Offences Act, 2012 (POCSO Act) and directed to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/- in default to undergo rigorous imprisonment for six months. The Court below has also directed that upon recovery of the fine amount, Rs. 7,000/- be paid to the victim girl as per Section 357 of the Code of Criminal Procedure as compensation. Not only that, the Court below has referred the case of the victim for additional compensation under Section 357A of the Code of Criminal Procedure (Cr.P.C.) to the competent authority. Since from the date of arrest till the trial was concluded, the appellant was in jail, the Court also granted benefit of Section 428 of the Cr.P.C.

3. Sunil Vitthal Raut (PW-9) a Police Sub Inspector (PSI) was attached to Police Station, Jaripatka on 15.04.2016. On 16.04.2016, fourfive persons including two women brought one girl aged 15 years to the Police Station. The said girl's mother Chandrakala (PW-2) has lodged her oral report in respect of rape committed on her daughter, the “Victim” against the appellant. The report is at Exh.11. On the basis of the said report, PSI Raut registered a crime vide Crime No. 221/2016 against the appellant for an offence punishable under Section 376 of the IPC and Sections 4 and 8 of the POCSO Act. Printed FIR is at Esh.11A.

4. As per the FIR, the victim at the relevant time was taking education in 7th standard in a school known as Sakimata Vidyalaya, Nagpur. On 15.04.2016, there was a marriage ceremony in the house of relative of the first informant at Kabir Nagar. Therefore, the first informant, along with victim, in order to attend the said marriage ceremony went there at 6.30 p.m. After the marriage ceremony was over, in between 9.30 p.m. dinner was served and the first informant was totally engrossed with the dinner as well as interacting with other relatives. That time, victim was playing in the marriage pandal. Due to intermingling of the first informant with other relatives, she was not having close eye on the victim. The entire programme has finished at 11.30 in the night. That time, when the first informant noticed absence of victim, she and other relatives started making her search. That time, at about 12.30 in the night, from a dilapidated house situated nearby, the victim came running and weeping. One boy also stepped outside the said dilapidated house. He was chased by male members and he was caught. Upon inquiry made by the first informant with her daughter, the victim, she disclosed that when she was playing, one boy on the pretext of demanding water, caught hold her hand and brought her to the said dilapidated house and thereafter by pressing her mouth, committed sexual intercourse.

5. After the crime was registered, the appellant was also brought to Police Station by the persons in the locality. PSI Raut took the appellant in his custody and prepared arrest panchanama (Exh.29). Thereafter, PSI Raut visited the spot of occurrence on 16.04.2016 at 11.00 a.m. Spot Panchanama is at Exh.48. Thereafter, he handed over the investigation to Police Inspector Bahadure, who handed over further investigation to Smita Sonwane (PW-7), Woman Police Sub Inspector. PSI Sonwane sent the victim for her medical examination to Mayo Hospital, Nagpur by giving requisition (Exh.22). Woman Police Constable Vaishali took the victim girl to the said hospital for medical examination. After the medical examination of the victim was over, WPC Vaishali produced medical samples of the victim girl received from the Medical Officer. The s