JUDGMENT :

G. A. Sanap, J.

1. In this appeal, challenge is to the Judgment and order dated 07/09/2017 passed by the learned Additional Sessions Judge, Akola, whereby the learned Additional Sessions Judge convicted the appellant for the offence punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (For short, "POCSO Act") and under Section 376 (2) (f) of the Indian Penal Code (For short, "IPC") and sentenced the appellant to undergo imprisonment for life and to pay fine of Rs.10,000/-(Rs. Ten Thousand) and in default of fine, to suffer simple imprisonment for 3 months. No separate sentence was awarded under Section 376 (2)(f) of the IPC in view of the mandate of Section 42 of the POSCO Act.

The facts are as follows :

2. In order hide identity of the victim, her name is masked. She would be referred to as victim in the Judgment. The victim lodged a report on 16/04/2016 at MIDC Police Station, Akola. The victim is sister of wife of the accused. It is the case of the prosecution that on the date of commission of offence, the victim was 17 years old. The accused with his wife was residing at village Shivar. The accused brought the victim her mother and other siblings of the victim to his house. They continued to reside at the house of the accused. It is alleged that one day the mother of the victim had gone out of the house for work. The accused sent his wife Diksha out of the house on some pretext. The accused thereafter, threatened the victim and had sexual intercourse with her. The accused extended threat to the victim that if she disclosed the incident to anyone, she would be killed. The accused, thereafter, repeatedly sexually ravished the victim. In the meantime, they shifted their residence in the tenanted premises belonging to Mr. Wankhede.

3. On 15/04/2016, the victim was not keeping good health. The mother of the victim took her to the nearest hospital. On examination by the Medical Officer, the Medical Officer told the mother of the victim that the victim was 5 months' pregnant. The victim disclosed to her mother that the accused repeatedly committed sexual intercourse with her. It was stated that the accused sexually exploited the victim and therefore, the victim was conceived.

4. On the basis of the report lodged by the informant, the Crime bearing No.31/2016 was registered against the accused. PW-8 Shri Harshal Chaphale conducted the investigation. During the course of the investigation, he collected the evidence of age of the victim. The accused was arrested on 16/04/2016. The victim was sent for medical examination. PW-6 Dr. Vivek Phadke examined the victim. The accused was medically examined by PW-7 Dr. Sudip Singh. The blood samples of the victim and the accused were collected. The blood samples were sent to Chemical Analyzer for analysis. On 31/07/2016, the victim gave birth to a female child. The blood sample of the new born baby was collected and forwarded for DNA examination. The Investigation Officer on completion of investigation, filed charge sheet against the accused. The learned Additional Sessions Judge vide Exh.7 framed the charge against the appellant for offences punishable under Sections 3 and 4 of the POCSO Act and Section 376 (2)(j)(n) of the IPC. The accused pleaded not guilty. The defence of the accused is on false implication in the crime and the sexual intercourse with the victim was consensual. It is also the defence of the appellant that on the date of so called offence, the victim was over 18 years of age.

5. In order to bring home the guilt against the accused, prosecution examined 8 witnesses. The prosecution has also relied upon the documentary evidence. On appreciation and analysis of the evidence, the learned Additional Sessions Judge held the charge against the accused proved by the prosecution. The learned Additional Sessions Judge accordingly convicted and sentenced the appellant as above.

6. Being aggrieved by the order of conviction and sentence, the appel