JUDGMENT (CAV)

Birendra Kumar, J.—The sole appellant-Gulli Sah has questioned the correctness of his conviction in POCSO Case No.03 of 2015 arising out of Piro P.S.Case No.55 of 2015. The appellant, abovenamed, was charged for offences under Sections 341,376 and 504 I.P.C. as well as under Section 4 and under Section 6 of the POCSO Act. The appellant was found guilty for offences under Sections 341 and 376 I.P.C. and 4 of POCSO Act and by a necessary implication, has been acquitted of the charges under Section 504 I.P.C. and 6 of POCSO Act, by the impugned judgment dated 18.08.2017.

2. The learned Trial Judge (A.D.J.-I, Bhjojpur Ara) awarded 10 years rigorous imprisonment and fine of Rs. 25,000/- for offence under Section 376 I.P.C. and 10 years rigorous imprisonment and a fine of Rs.10,000/- for offence under Section 4 of the POCSO Act. The sentences would run concurrently. In default of payment of fine, one year imprisonment has been ordered. The fine amount is to be paid to the victim, vide impugned order of sentence dated 23.08.2017.

3. The prosecution case, as disclosed in the fardbeyan of the victim girl, aged about 13 years, is that at about 8.00 P.M. on 10.02.2015 she h