PARTHA SARTHY, J.:–Heard learned counsel for the appellant and learned counsel for the respondent.

2. The instant appeal has been preferred against the judgment of conviction dated 5.7.2018 and order of sentence dated 9.7.2018 passed in Sessions Case no.538 of 2015 and Sessions Trial no. 33 of 2016 by the learned 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Muzaffarpur whereby the sole appellant was convicted under section 376(2) of the Indian Penal Code and section 6 of the POCSO Act, 2012 and sentenced to undergo RI for 10 years under section 376(2) of the Indian Penal Code as also to pay fine of Rs.25,000/- and in case of default in payment of fine to undergo RI for 6 months with no further sentence having been passed for conviction under the POCSO Act, 2012.

3. As per the prosecution case based on the written statement of Lalan Sahani (PW2) addressed to the Officer Incharge of the Bochahan Police Station, is that on 3.1.2014 at about 3 pm, the sole appellant shut his 6 year old daughter (PW3) in the house and raped her. He further states that his daughter narrating about the occurrence. The appellant had run away. The informant prayed that an inquiry be conducted a