V.M. Deshpande, J.

1. The present appeal questions correctness or otherwise of judgment and order of conviction dated 19.7.2018 passed by learned Sessions Judge, Gadchiroli in Special (POCSO) Case No. 21/2016.

2. By the impugned judgment and order of conviction, appellant-Nagesh S/o Samayya Made (hereinafter referred to as "the accused") is convicted for offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short "the POCSO Act") and is directed to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 1000/- and in default of payment of the fine amount to suffer further rigorous imprisonment for 3 months.

The accused is also convicted for offence under Section 506 Part-I of the Indian Penal Code and is directed to suffer rigorous imprisonment for 1 year and to pay a fine of Rs. 500/- and in default of payment of the fine amount to suffer further rigorous imprisonment for 3 months.

Learned Judge of the Court below directed that all the sentences of the accused shall run concurrently and also set-off is given to him since he was in jail.

3. Wheel of the criminal justice was set into motion by Chinnaka Bapu Durgam (PW-2), the mother of victim girl (PW-3). On 29.4.2016, she approached to Sironcha Police Station, District Gadchiroli and lodged her oral report (Exhibit 29). As per the said oral report, she stays at village Viyampalli, Taluka Sironcha, District Gadchiroli along with her husband, two sons and a daughter (victim) and at the time of lodging of the report her husband had been to Andhra Pradesh in search of work. On 29.4.2016, her two sons went to attend their schools and she and the victim were present in the house. Between 2:00 p.m. and 2:30 p.m. she was required to leave her house for fetching back her cattle, keeping the victim alone in the house. As per the report, when she came back along with cattle, she noticed that Nagesh, the accused, was sitting on a cot inside her house and the victim was also sitting beside him. Nagesh disclosed to her that since he kept his cellphone for charging, he is there and after 10-15 minutes, he took his cellphone and left the house. After Nagesh left the house, according to the oral report, the victim started weeping. On enquiry, the victim disclosed to her that when she was alone, after putting the cellphone on charging, Nagesh, the accused, removed his clothes and also removed her clothes and inserted his male organ inside her vagina and, therefore, she shouted, however her mouth was gagged. After some time, he stood up from her person and extended threats that she should not disclose the incident to anybody and also gave a coin of two rupee to her. On getting the said disclosure from the victim, the first informant found that there were blood stains on her private part and also on her clothes. Therefore, she immediately came to the police station and lodged the report.

4. Police Sub Inspector Bapu Ganpat Khatpe (PW-5), after registration of Crime No. 24/2016, conducted investigation. He recorded statements of the victim and witnesses. He also sent the victim (PW-3) for her medical examination to Rural Hospital at Sironcha giving a requisition letter (Exhibit 44) to medical officer. After her medical examination, he seized clothes of the victim in the hospital under seizure panchnama (Exhibit 24). Thereafter, he sent the victim for her further medical examination to the Government Hospital at Gadchiroli through a lady police constable by issuing duty pass (Exhibit 46). He also issued requisition letter (Exhibit 37) to medical officer to examine the victim.

5. On 29.4.2016, Police Sub Inspector Khatpe (PW-5) arrested the accused under arrest form (Exhibit 48). He sent the accused for his medical examination to the Rural Hospital at Sironcha by giving necessary requisition (Exhibit 49). He also seized clothes of the accused at the said hospital under seizure memo (Exhibit 21) in presence of panch witness Anandrao Ramayya Buddawar (