JUDGMENT :

Chakradhari Sharan Singh, J.

Heard Mr. Ajay Kumar Thakur, learned counsel for the appellant and Ms. Shashi Bala Verma, learned Additonal Public Prosecutor for the State.

2. By the impugned judgment and order dated 16.03.2020/30.06.2020 passed by learned Additional District and Sessions Judge-1 cum Special Judge, Supaul, in POCSO Case No. 47 of 2018, arising out of Triveniganj P.S. Case No. 279 of 2018, the appellant has been convicted and sentenced as under :

3. A written report of the victim’s mother dated 19.07.2018 addressed to the officer in-charge, Triveniganj Police Station in the District Supaul is the basis for registration of the Triveniganj P.S. Case No. 279 of 2018 on 19.07.2018 at 1:00 pm, leveling commission of the offences punishable under Sections 3 63, 364 read with Section 120B and Section 201 of the INDIAN PENAL CODE . She alleged in her written report that her daughter (the victim, whose name has been concealed in the present judgment) had gone for taking a hair cut at 6:00 pm in the shop of Bandul Thakur (PW-4). On her way back home she met the appellant who, upon some allurement took her to his shop (appellant’s shop). Since then the victim was missing. In a CCTV footage, the appellant was distinctly seen taking away the victim. She accordingly suspected that the appellant might have kidnapped the victim and killed her and concealed her dead body for disappearance of the evidence. She further alleged that many co-villagers had seen the victim (a minor) with the appellant. The appellant was named in the FIR. From the lower court records as well as evidence of PW13 (the Investigating Officer), it appears that the appellant was arrested by the police on 19.07.2018 itself by the police.

4. On 20.07.2018 at 8:30 am, the appellant is said to have made his confessional statement before the police wherein he confessed that after alluring the victim when she was returning back to his her house from the barber’s shop, he (the appellant) had taken her to his shop and had sexually assaulted her. As she had started crying, he had forcefully pressed her mouth and nose because of which she died. Thereafter, when the activities in the market subsided, he lifted the body of the victim on his shoulder to dispose it off in a bamboo orchard. On his way he met Anil Kumar Yadav (PW1), who was found easing himself in an open field space. On being questioned by him(PW-1) as to what the appellant was doing, he dropped the dead body on the ground and told PW-1 that it was the dead body of his (the appellant) daughter whom he had killed as she had quarreled with him. The appellant took an assurance from him (PW-1) that he would not disclose this fact to anyone. He is also said to have disclosed to the Investigating Officer in his confessional statement that after he was arrested on 19.07.2018, he was assaulted by an agitated mob. After confessing his guilt he is said to have