Ashutosh Kumar, J.—We have heard Mr. Bijendra Kumar Singh, the learned Advocate for the appellant and Mr. Bipin Kumar, the learned APP for the State.

2. The appellant stands convicted under Sections 376, 302, 201 and 326A of the IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 vide judgment dated 29.01.2019 passed by 1st Additional District and Sessions Judge -cum- Special Judge (POCSO Act), Purnea in Special Case No.52 of 2015/CIS No. 44 of 2015 arising out of K. Nagar P.S. Case No. 465 of 2015 and by order dated 06.02.2019, he has been sentenced to undergo imprisonment for 10 years, to pay a fine of Rs.50,000/- and in default of payment of fine, to further suffer S.I. for four months for the offence under Section 376 of IPC, to undergo R.I. for life, to pay a fine of Rs.50,000/- and in default of payment of fine, to further suffer S.I. for six months for the offence under Section 302, 326A of IPC and to undergo R.I. for five years, to pay a fine of Rs.10,000/- and in default of payment of fine, to further suffer S.I. for two months for the offence under Section 201 of IPC.

3. However, no sentence has been awarded for the offence under Section 4 of the Protection of Children from Sexual Offences Act, 2012, as the appellant has already been sentenced under Section 376 of the IPC. The sentences have been ordered to run concurrently.

4. The appellant is said to have raped and killed his eight year old niece in the night of 18.09.2015 when she was held back at the place where the entire village-folk had gone for immersing the idol of lord Vishwakarma. It was only on the next day i.e. 19.09.2015, that the dead body of the deceased was recovered from the field of one Bhulan Singh, who has not been examined at the trial.

5. According to the prosecution case and especially the fardbeyan of Bhupendra Yadav (P.W. 6) who is the father of the deceased, the deceased along with other children of the village and elders also had gone to the river-side on a tractor for the immersion of the idol of lord Vishwakarma. All the children of the neighbourhood had come back by around 8 P.M. but the deceased had not reached her home. On being questioned, a cousin of the deceased, namely, Kajal Kumari (P.W.1) informed P.W. 6 and others that while the deceased was impleading the appellant to make her board the tractor, the appellant insisted that she should stay back and that she would be taken to her home on his motorcycle. The informant though looked for his daughter (deceased) in the night but went to the house of the appellant only the next day i.e. on 19.09.2015. He was accompanied by his brother, namely, Guneshwar Yadav (P.W. 7). Both of them met the appellant on way, who first expressed ignorance about the location of the deceased but later told P.Ws. 6 and 7 to go towards Bhulan Singh’s field where they might find her. To their dismay and surprise, both of them found the dead body of the deceased in the field of Bhulan Singh. She had been acid burnt also. The dead body was lifted by P.W. 6 and brought back home, where after, the police was informed.

6. The FIR thus was recorded on 19.09.2015 at 11:20 AM at the house of P.W.6. With the afore-noted fardbeyan having been recorded, a case vide K. Nagar P.S. Case No. 465 of 2015 dated 19.09.2015 was registered for investigation for offences under Section 376(A), 302, 201, 326(A) of the IPC and under Section 3 and 4 of the Protection of Children from Sexual Offences Act, 2012. The police after investigation submitted charge-sheet, whereupon cognizance was taken and the appellant was put on trial.

7. The learned Trial Court, after having examined ten witnesses on behalf of the prosecution and four on behalf of the defence, convicted and sentenced the appellant as aforesaid.

8. During the Trial, Kajal Kumari (P.W. 1), a nine year old cousin of the deceased has deposed that while she and other children of the village was coming back home after immersion, the deceased stayed back on