JUDGMENT :

Aditya Kumar Trivedi, J.

Appellant, Raushan Patel @ Baba has been found guilty for an offence punishable under Section 376 of the IPC and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.25,000/- in default thereof to undergo S.I. for six months, additionally, under Section 6 of the POCSO Act and sentenced to undergo R.I. for ten years as well as to pay fine appertaining to Rs.25,000/- in default thereof to undergo S.I. for six months additionally, with a further direction that the sentences will run concurrently vide judgment of conviction dated 10.02.2016 and order of sentence dated 11.02.2016 passed by Additional Sessions Judge, Ist-cum-Special Judge, POCSO Act, Vaishali at Hajipur in Sessions Trial No.466/2013.

2. Before proceeding ahead, it is apparent from the lower court record that at an initial stage charge under Section 376 IPC was only framed, witnesses began to examined and during course thereof, it has been traced out that victim happens to be a seven year old girl whereupon, the concerned P.O. observed applicability of POCSO Act on account thereof, the record has been sent to the Special Court where charges have been framed and in the aforesaid background, the evidence so recorded at an earlier occasion as is evident from the order dated 16.01.2015, the same have been nullified, consequent thereupon, the trial has been allowed to sail up to this stage by way of denovo trial.

3. Suresh Thakur (PW.1) gave his fardbeyan at his house on 06.04.2013 at about 10:15 PM disclosing therein that on the same day at about 07:30 PM his grand daughter (name withheld, PW.2) aged about seven years daughter of Mahesh Thakur served the food and then disclosed that Dadajee please take food I am just coming after participating in 'Asthjam' and then, proceeded ahead. When she did not return even after half an hour, caused anxiety and was to search during midst thereof, she came bewilderingly crying and fell down over chowki kept at Darwaja. He immediately rushed near her and inquired, what has happened over which, she answered please kill her as, she does not want to live. Again he inquired whereupon, she disclosed that Raushan Patel @ Baba allured her on the pretext of giving 'Singhara' whereupon, she accompanied. During course of returning, Raushan Patel @ Baba lifted her behind the Bathan of K.B. Rai where, gagged her mouth, gave bite over cheek and then raped her. After conclusion of rape, he left. Then, she rushed there from. On hue and cry so many villagers assembled and then, they all have apprehended Raushan Patel @ Baba, Police Station has been informed wherefrom, police came before whom, the fardbeyan is being given as well as, the accused Raushan Patel @ Baba is also being produced. It has also been disclosed that the villagers have assaulted the Raushan Patel @ Baba.

4. After registration of Desari (Chandpura O.P.) P.S. Case No.69/2013, charge sheet has been submitted after completing investigation whereupon trial commenced and concluded in a manner, the subject matter of challenge under present appeal.

5. Defence case as is evident from mode of cross-examination as well as statement recorded under Section 313 of the Cr.P.C. is that of complete denial. It has also been pleaded that grand father of the victim as well as appellant/accused both are electrician and works together. Because of the fact that informant developed dishonest intention subsequently in order to digest the dues, having been persistently demanded by the accused got him implicated in this false and concocted case. However, nothing has been adduced in defence.

6. In order to substantiate its case prosecution has examined altogether eleven PWs who are PW.1-Suresh Thakur, PW.2-Runa Kumari, PW.3-Champa Devi, PW.4-Rekha Devi, PW.5-Putul Devi, PW.6-Vikash Kumar Sah, PW.7-Raj Kumar sah, PW.8-Awdhesh Kumar Sah, PW.9-Dr. Priyanka, PW.10-Lalan Prasad Chaudhary, PW.11-Rameshwar Sharma. The prosecution has also exhibited, Ext.1-Fa