JUDGMENT :

Ashutosh Kumar, J.

1. We have heard Mr. Ajit Ranjan Kumar, the learned Advocate for the appellant and Mr. Dilip Kumar Sinha, the learned APP for the State.

2. The appellant stands convicted under Section 376 of the IPC and Section 6 of the POCSO Act, 2012 and has been sentenced to undergo R.I. for life, to pay a fine of Rs.1,00,000/- and in default of payment of fine, to further suffer S.I. for one year for the offence under Section 6 of the POCSO Act, 2012 vide judgement and order dated 10.04.2018 and 13.04.2018 respectively passed by the learned Additional Sessions Judge-1st, Patna-cum-Special Judge, POCSO, Patna, passed in Special Case No. 33 of 2015 arising out of Khaje Kalan P.S. Case No.143 of 2013. Eighty percent of fine amount has been directed to be deposited in the bank account of the victim, which shall be utilized by her for her future education. In view of the provisions contained in Section 42 of the POCSO Act, 2012, no separate sentence has been awarded under Section 376 of the IPC.

3. The appellant is the father of the victim (P.W. 4) who has alleged that the appellant had been molesting her and had also committed rape with her on 04.07.2013 in the early hour