Alok Kumar Pandey, J.—This appeal is directed against the judgment of conviction dated 20.07.2015 and order of sentence dated 23.07.2015 passed by learned 1st Additional Sessions Judge-cum- Special Judge, Madhubani in G.R. No. 458/14, T.R. No. 4/14 arising out of Khirahar P.S. Case No. 14/ 14, whereby the sole appellant has been held guilty for the offences punishable under Sections 376(2)(i) and 323 of the Indian Penal Code (hereinafter referred to as 'I.P.C.') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act') and has been sentenced to undergo rigorous imprisonment for 14 years, to pay a fine of Rs. 10,000/- under Section 376(2)(i) of the I.P.C; rigorous imprisonment for six months under Section 323 of the I.P.C; and rigorous imprisonment for 14 years and fine of Rs. 10,000/- under Section 6 of the POCSO Act, 2012. In default of payment of fine, the appellant has been directed to suffer further nine months simple imprisonment. The sentences though have been ordered to run concurrently.

2. The names of the victim and PWs-3, 4, 6 and 9 (who are informant's sister, mother, grand-father and father, respectively) have been concealed in the judgment to protect their prestige and dignity.

3. According to fardbeyan (Ext. 6) of informant (PW-1), the occurrence took place on 19.02.2014 at about 4:00 PM for which fardbeyan was recorded by S.I. Ramchandra Mandal, S.H.O. of Khirhar police station on 20.02.2014 at 11:30 hours at Sadar Hospital, Madhubani whereafter the FIR was registered.

4. The prosecution case, in brief, is that on the fateful day i.e. 19.02.2014 at about 4:00 PM when the victim was cleaning pots at the tubewell, the appellant came near the victim and took her away to a cattle shed where she was thrown on cot. The appellant thereafter started pressing her neck. She was gagged by a piece of cloth. The appellant thereafter committed rape upon her. He also threatened her of dire consequences. It is further claimed by the informant/victim that when blood began to ooze out from her body, the appellant while leaving the place again threatened that if she would disclose about the incident to her parents or anyone, she would be thrown after being cut into pieces and theft would be committed in her house. The victim was alone at the relevant time in her house. When her elder sister came after washing clothes from the pond, the informant gestured her. Her sister then freed her. Thereafter, the informant narrated about the occurrence to her sister. After sometime, the parents of informant also came to the house who were told about the occurrence. Thereafter the father of the victim complained to the villagers. It is further claimed by the informant that many persons gathered at her house. They called the police. The victim was then brought to the hospital where treatment was started. It is also claimed by the victim that prior to this occurrence, the appellant had shown indecent behaviour which was not communicado by the victim due to shameness.

5. On the basis of fardbeyan of the informant, Khirhar P.S. Case No. 14/ 14 dated 20.02.2014 was registered under Sections 376, 323, 506 of the IPC. Routine investigation followed. The statement of the witnesses came to be recorded and on completion of the investigation, the appellant was charge-sheeted under Sections 376(2)(i)(M), 323, 506 of the IPC and Section 6 of the POCSO Act, 2012, whereafter cognizance was taken against the appellant under the aforesaid sections. The learned Trial court was pleased to frame charges against the appellant under Sections 376, 323, 506 of the I.P.C. and Section 6 of the POCSO Act, 2012. Charges were read over and explained to the appellant to which he pleaded not guilty and claimed to be tried.

6. In order to bring home the guilt of the appellant, prosecution examined altogether twelve witnesses. PW-1 (victim/informant), PW-2 Karo Devi, PW-3 informant's sister, PW- 4 informant's mother, PW