JUDGMENT :

SARANG V. KOTWAL, J.

1. The appellant has challenged the judgment and order dated 25.3.2021 passed by the Additional Sessions Judge, Ratnagiri in Special Case No. 19/2018. The appellant was convicted and sentenced as follows:

(i) He was convicted for commission of the offence punishable under Section 363 of the Indian Penal Code and was sentenced to suffer RI for three years and to pay a fine of Rs. 5,000/- and in default of payment of fine to suffer SI for five months.

(ii) He was convicted for commission of the offence punishable under Section 376 of IPC and was sentenced to suffer RI for 10 years and to pay fine of Rs. 10,000/- and in default of payment of fine to suffer SI for six months.

(iii) He was convicted for commission of the offence punishable under Section 504 of IPC and was sentenced to suffer SI for one month.

(iv) He was convicted for commission of the offence punishable under Section 506 of IPC and was sentenced to suffer SI for one month.

(v) He was further convicted for commission of the offence punishable under Section 3(a) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) and was sentenced to suffer RI for 10 years and to pay fine of Rs. 10,000/- and in default of payment of fine to suffer SI for six months.

(vi) He was also convicted for commission of the offence punishable under Section 5(i),(j)(ii),(l) read with 6 of the POCSO Act and was sentenced to suffer RI for 10 years and to pay fine of Rs. 10,000/- and in default of payment of fine to suffer SI for six months.

(vii) All the substantive sentences were directed to run concurrently.

He was granted set off under Section 428 of Cr.P.C. Learned Trial Judge directed that the fine amount, if recovered from the appellant, shall be paid to the victim towards compensation in view of Section 357(1) of Cr.P.C. r/w Section 33(8) of the POCSO Act. The District Legal Services Authority, Ratnagiri was requested and recommendation was made for providing additional compensation to the victim as per the provisions of Section 357-A of Cr.P.C.

2. Heard Shri Mandar Soman, learned appointed counsel for the appellant, Shri S.R. Agarkar, learned APP for the respondent No. 1 and Smt. Megha Bajoria, learned appointed counsel for the respondent No. 2.

3. The prosecution case is that the victim was born on 6.4.2001. The alleged incident had taken place in June and August, 2018. The victim was knowing the appellant. It is her case that the appellant had taken her to a secluded spot and established physical relations with her. As a result, she became pregnant. She told this to the appellant. In August, 2018 again the appellant took her to a secluded spot and again established physical relations. In the meantime, the victim’s father had lodged a report of her missing and possible abduction, at Lanja police station. The FIR was registered vide C.R. No. 87/2018 on 26.8.2018. The appellant’s father produced the appellant and the victim before the police. The appellant was arrested on 29.8.2018. The investigation was carried out. Various statements were recorded. The appellant and the victim were sent for medical examination. Their blood samples were collected for DNA profiling. The pregnancy of the victim was medically terminated and the samples of the foetus were also sent for DNA profiling. The DNA report showed that the appellant and the victim were the biological parents of the foetus. The investigation was completed and the charge-sheet was filed. The case was committed before the Special Court.

4. During trial, the prosecution examined fifteen witnesses including the victim, her father, various medical officers, the investigating officers, Gram Sevak of the Gram Panchayat where the victim was born, the headmaster of the school where the victim was studying and finally the police officers.

5. The defence of the appellant was of total denial.

6. At the conclusion of the trial, the appellant was convicted and sentenced, as ment