JUDGMENT

S.K. Sahoo, J.—The appellant Barika Pradhan faced trial in the Court of learned Additional Sessions Judge-cum-Special Judge, Gajapati, Paralakhemundi in G.R. No.4/2019/T.R. No.12/2019 for commission of offences punishable under section 376(2)(n) of the Indian Penal Code and section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter referred to as “POCSO Act”) on the accusation that on 10.03.2019 at Kampa Sahi-2, Paralakhemundi, the appellant called the victim who was a minor girl child aged about seven years to his house and committed aggravated penetrative sexual assault on her by inserting his finger in her vagina causing pain on her private part. The learned trial Court vide judgment and order dated 13.01.2020, found the appellant guilty under both the offences and sentenced him to undergo R.I. for a period of ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for a further period of six months.

2. The prosecution case, as per the first information report lodged by Balaga Umasankar (P.W.9), father of the victim before the Inspector in-charge of Model Police Station, Paralakhemundi on 11.03.2019 is that