JUDGMENT :

The sole appellant, above named, faced trial before learned Additional Sessions Judge-I-cum-Special Judge under POCSO Act at Katihar in connection with Katihar Town P.S.Case No.560 of 2017 corresponding to G.R.No.3536 of 2017 and C.I.S.No. 843 of 2017. The learned Trial Judge found the appellant guilty for offence under Section 376 I.P.C. as well as under Section 4 of the POCSO Act by the impugned judgment dated 27.05.2019. Ten years rigorous imprisonment besides fine of Rs.50,000/-was awarded vide impugned order dated 30.05.2019. In default of payment of fine, one month imprisonment was ordered for offence under Section 376 I.P.C. However, no separate sentence was passed for offence under Section 4 of the POCSO Act. On deposit of the fine Rs. 40,000/- was ordered to be given to the victim.

2. The prosecution case, as disclosed in the written report of Mr. Kishore Sah (P.W.6), the father of the victim girl, is that on 04.08.2017 (Friday) at about 11.30 A.M., he had telephonically called the appellant, a T.V. Mechanic, to his house in Mohalla-Vivekanand Colony, P.S.-Town, Town & District-Katihar for mending the Television. The informant left for the market as he was in busi