A. M. Badar, J. – By this appeal, the appellant/convicted accused is challenging the Judgment and Order dated 15.12.2021 passed by the learned Special Judge under the Protection of Children from Sexual Offences Act, Araria, in Special POCSO Case No.36 of 2021, thereby convicting him of the offences punishable under Section 376 AB of the Indian Penal Code as well as under Section 4 of the Protection of Children from Sexual Offences Act (hereinafter referred to as the ‘POCSO Act’ for the sake of brevity). For the offence punishable under Section 376 AB of the Indian Penal Code, the appellant/convicted accused is sentenced to suffer rigorous imprisonment for life which is to mean imprisonment for reminder of the natural life of the convict apart from imposition of fine of Rs.10,000/- and in default, to suffer simple imprisonment for ten days. In view of the provisions of Section 42 of the POCSO Act, no separate sentence came to be imposed for the offence punishable under Section 4 thereof. For the sake of convenience, the appellant shall be referred to in his original capacity as ‘an accused’.

2. Facts leading to the prosecution of the accused can be gathered thus: –

(a) According to t