Chandra Shekhar Jha, J.—At the outset, it is important to mention that this matter was taken on board under the caption of “For Orders” where initially prayer of bail and suspension of sentence under Section 389(1) of the Cr.P.C. was raised by learned counsel appearing on behalf of the appellant but after short argument, it is submitted that he is ready for final argument in this matter, which was not objected by learned APP and therefore, this matter was finally heard under aforesaid caption. Submission for final hearing was raised mainly in view of Section 374(4) of the Cr.P.C., where every such appeal is to be decided within six months of its filing.

2. The present appeal preferred by appellant/ convict Ravi Kumar against judgment of conviction dated 27.01.2023 and the impugned order of sentence dated 09.02.2023 passed by the learned Additional District and Sessions Judge VIth-cum-Special Judge, POCSO Act, Samastipur in T.R. 248 of 2023, R.N. 157 of 2022 arising out of Bibhutipur P.S. Case No. 224 of 2022 whereby and whereunder the appellant/convict has been convicted and sentenced to undergo R.I. for ten years and fine of Rs. 20,000/- (Rupees twenty thousand only) for the offence under Section 4 of the POCSO Act and in default of payment of fine, he shall further undergo six months of R.I. and further sentenced him to undergo R.I. for ten years and fine of Rs. 20,000/- (Rupees twenty thousand only) for the offence under Section 376 of the Indian Penal Code and in default of payment of fine, he shall undergo further six months of R.I. All aforesaid sentences shall ordered to run concurrently.

3. The crux of prosecution case, as it appears from the written information of the informant, namely, Kajal Kumari that on 04.06.2022, while she was preparing for her matriculation examination took admission in Gyan Sharde Coaching of her village, where, she came in contact of her coaching teacher, namely, Ravi Kumar (appellant) and during the course of study, she has got affinity with Ravi Kumar and on 31.05.2022 he established sexual relationship with her on false pretext of marriage. Appellant also made video of said occurrence and started to blackmail her by demanding further sexual relationship, which she denied. Consequent upon her video was made viral.

4. With aforesaid written information of PW- 2/informant/victim, Bibhutipur P.S. Case No. 224 of 2022 was lodged for the offences under Section 376 of the Indian Penal Code, for the offences under Section 4/6 of the POCSO Act and also under Section 67(A) of the I.T. Act.

5. After investigation, police submitted charge sheet No. 410 of 2022 on 31.07.2022 under Section 376 of the Indian Penal Code read with Section 4/6 of the POCSO Act and under Section 67(A) of the I.T. Act. Thereafter, learned Additional Sessions Judge-VI-cum-Special Court (POCSO), Samastipur, took cognizance against the appellant for the offence under Section 376 of the Indian Penal Code, Section 4 of the POCSO Act and Sections 67 and 67(A) of the I.T. Act for trial and disposal.

6. To established its case before the learned trial court, the prosecution altogether examined total of six witnesses, namely, PW-1 Kanhaiya Kumar (Own brother of the informant) PW-2 Kajal Kumari (Informant), PW-3 Reeta Devi (mother of the informant), PW-4 Ram Nath Chaurasia alias Mukesh Kumar, PW-5 Sanjay Kumar and PW-6 Lovely Kumari (I.O. of the case).

7. The prosecution also exhibited following documents during the trial to substantiate its case which are as:—

Exhibit-P1/PW-2—Signature of the informant on her statement recorded U/s 164 Cr.P.C.

Exhibit–P2/PW-2—Signature of the victim on the medical requisition.

Exhibit-3/1 PW-6 to Ext. P3/3 PW- 6—Signature of the S.H.O. on the formal F.I.R.

Exhibit-P4/PW-6 and MO1/PW-6— Signature of the S.J.O. on the seizure list and medical object.

Exhibit-P5/PW6—Charge sheet.

8. On the basis of evidences, as surfaced during the trial, the appellant/convict was examined under Section 313 of the Cr.P.C., where he