JUDGMENT :

Challenge in this appeal is to the judgment and order of conviction dated 9th October, 2019 passed in Special Case No.4 of 2018 whereby the Appellant was held guilty for the offence under Sections 376(2)(i)(j)(n) and 506 of Indian Penal Code (IPC) and under Sections 4 and 6 of the Protection of Children From Sexual Offences Act, 2012 (POCSO Act). The Trial Court has imposed sentence to suffer Rigorous Imprisonment for 10 years and to pay fine of Rs.20,000/- with default clause, for the offence punishable under Section 6 of the POCSO Act. No separate punishment was awarded for the offence of rape by virtue of Section 42 of the POCSO Act. For the offence punishable under Section 506 of the IPC, accused was sentenced to suffer Rigorous Imprisonment for 1 year along with fine of Rs.5,000. The Trial Court directed that both the sentences shall run concurrently.

2. The accused was in jail during the trial as well as during pendency of this appeal.

3. The prosecution case can be stated in brief that the victim-girl aged 13 years 8 months, was a school going intellectually disabled child of informant lady. The victim-girl missed her menstrual cycle somewhere in the month of June, 2