Chandra Shekhar Jha, J.—The present appeal preferred by appellant/ convict Amit Kumar against judgment of conviction dated 02.12.2022 and the impugned order of sentence dated 05.12.2022 passed by the learned Additional District and Sessions Judge VII-cum-Exclusive Special Judge (POCSO Act), Patna, in CIS No. Special (POCSO) Case No. 30 of 2019, arising out of Bihta P.S. Case No. 214 of 2019 whereby and whereunder the appellant/convict has been convicted for the offences under Section 376(2)(f) of the Indian Penal Code and Section 6 of the POCSO Act and sentenced him to undergo R.I. for ten years and fine of Rs. 30,000/- (Rupees thirty thousand only) for the offence under Section 6 of the POCSO Act and in default of payment of fine, he shall further undergo two months of R.I.

2. The crux of prosecution case, as it appears from the written information of the informant, namely, Pinki Devi (PW-3) that the accused/appellant was giving tuition to her daughter aged about 6 years since last three years usually between 4-5 P.M. at her house. On 23.02.2019 appellant was teaching to her daughter and son alongwith three other childrens of locality as usual. In due course of teaching, he asked her son and other childrens to go out from the room. She thought that the teacher/appellant had left her house but when she went to room, she saw that the accused/appellant has made her daughter naked by taking her in the corner of the room and was committing rape upon her, she raised cry. Upon her cry her sister-in-law, namely Punam Devi and her Gotni came running there and caught the accused/appellant. In the meantime, neighboring people also arrived there. Thereafter, she informed to police, upon which police arrived there and arrested the accused/appellant. Thereafter, she submitted her written application before the police and this case was instituted.

3. With aforesaid written information of PW- 3/informant, Bihta P.S. Case No. 214/2019 was lodged for the offences under section 376(2)(f) of the Indian Penal Code and Section 6 of the POCSO Act.

4. After investigation, police submitted charge sheet No. 151 of 2019 on 21.05.2019 under Section 376(2)(f) of the Indian Penal Code and Section 6 of the POCSO Act. Thereafter, learned trial court took cognizance against the appellant for the offence under Section 376(2)(f) of the Indian Penal Code and Section 6 of the POCSO Act for trial and disposal.

5. To established its case before the learned trial court, the prosecution altogether examined total of six witnesses, namely, PW-1 Kumari Usha Sinha (I.O. of this case) PW-2 Sanjay Kumar Yadav (father of the victim), PW-3 Pinki Devi (mother of the victim/informant), PW-4 Victim herself, PW-5 Poonam Kumari (Aunty of the victim) and PW-6 Dr. Prema Singh, who examined the victim.

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

Exhibit-P1—The endorsement made over the informant written report dated 23.02.2019 by the officer-in-charge of the Bihta Police Station.

Exhibit–P-2—The formal FIR.

Exhibit-P-3—(PW-3) The written report dated 23.02.2019.

Exhibit-P-4—(PW-4) The statement recorded under Section 164 Cr.P.C.

Exhibit-P-5—(PW-6) The Medical Report.

7. 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 denied all the evidences as surfaced against him during trial and claimed his complete innocence and false implication.

8. No defence witnesses/documents were examined on behalf of accused/appellant during the trial.

9. On the basis of aforesaid evidences, learned trial court convicted the appellant and passed order of sentence, as aforesaid, being aggrieved with, appellant/convict preferred the present appeal.

10. Hence the present appeal.

11. It is submitted by Mr. Dhananjay Kumar learned counsel appearing on behalf of the appellant/convict that the false implication of appellant can be easily gathered that the mother of victim me