JUDGMENT

S.K. Sahoo, J.—The appellant Duryodhan Majhi @ Durja faced trial in the Court of learned Addl. Sessions Judge-cum-Special Judge (POCSO), Nuapada in S.A. Case No.53 of 2018/T.R. No.24/2019 for commission of offences punishable under sections 376(2)(n)/ 376(3) of the Indian Penal Code (hereinafter ‘I.P.C.’) read with section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter ‘POCSO Act’) on the accusation that on 27.12.2018 at Jhanjimunda forest, he committed rape on the victim repeatedly against her will and without her consent and that the victim was under sixteen years of age by then and that he had committed aggravated penetrative sexual assault on the victim.

The learned trial Court vide impugned judgment and order dated 14.10.2020 found the appellant guilty under section 376(3) of the I.P.C. and section 6 of the POCSO Act, however acquitted him of the charge under section 376(2)(n) of the I.P.C. The learned Court sentenced him to undergo rigorous imprisonment for twenty years and to pay a fine of Rs.15,000/- (rupees fifteen thousand), in default of payment of fine, to suffer rigorous imprisonment for a further period of six months, for the of