JUDGMENT (C.A.V.)

Birendra Kumar, J.—The sole appellant Arjun Kumar @ Prince faced trial in POCSO Case No. 06 of 2016 arising out of Dumrao P.S. Case No. 396 of 2015 for offence under Sections 363, 366A and 376 of the Indian Penal Code as well as 4 of the POCSO Act. By the impugned judgment dated 13.11.2017, the learned trial Judged found guilty and convicted to the appellant for offences under Sections 366A and 376 of the Indian Penal Code and 4 of the POCSO Act. By the impugned order of sentence dated 17.11.2017, the appellant was directed to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 20,000/- for offence under Section 366A IPC. Three months imprisonment was ordered for non-payment of the fine aforesaid. For the offence under Section 376 IPC, the appellant was sentenced to undergo rigorous imprisonment of 10 years and to pay a fine of Rs. 20,000/-. In default of payment of fine, three months imprisonment was ordered. No separate sentence under Section 4 of the POCSO Act was passed considering the provisions of Section 42 of the POCSO Act.

2. The prosecution case as disclosed in the written report of Pushpa Devi (PW-3) the mother of the victim girl, i