ORDER (ORAL)

Paresh Upadhyay, J.—Challenge in this appeal is made to the judgment and order passed by the Special Judge (POCSO) and 3rd Additional Sessions Judge, Junagadh dated 15.07.2021 in Special (POCSO) Case No.31 of 2019. The conviction is under Section and 376 of the Indian Penal Code and Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act. The sentence awarded is rigorous imprisonment for ten years. Fine is also imposed and in default thereof, simple imprisonment is imposed.

2. Appeal needs to be admitted.

3. Heard learned advocate for the appellant / applicant and learned Additional Public Prosecutor for the State.

4. It is indicated that the applicant at present is in jail and is serving the sentence.

5. The glaring aspect of the matter is that, there is evidence Exh.76, which - because of legal requirement needs to be called as evidence of “the victim”, who stated that, she on her own, because of her wish had walked out of home and she started living with the present appellant and with that relation she has given birth to two children, one on 29.06.2019 and second on 22.01.2021. Neither the mother nor the father of these two children diso