Vipul M. Pancholi, J.—The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Code’) challenging the judgment of conviction dated 17.08.2019 and order of sentence dated 22.08.2019 passed by learned Additional Sessions Judge-1st-cum-Special Judge, POCSO Act, Vaishali, Hajipur in G.R. No. 1908 of 2017, arising out of Town P.S. Case No. 304 of 2017, whereby the concerned Trial Court has convicted the present appellant for the offences punishable under Section 376(2)(N) of the Indian Penal Code (hereinafter referred to as I.P.C.) and Section 4 and 6 of POCSO Act. Considering the provisions of Section 42 of POCSO Act, he has been sentenced to undergo R.I. for 12 years for the offence under Section 6 of POCSO Act along with a fine of Rs. 50,000/- and, in default of payment of fine, he has been sentenced to undergo S.I. for six months. However, there is no separate order of sentence for offence under Section 4 of the POCSO Act. He has been directed to pay 95% amount of fine to the victim and 5% to Government.

2. The crux of the prosecution story is as under:—

2.1. The victim is a student of Standard-VII of Awadh Bihari School. There is a Government Middle School behind her house where a shopkeeper sells snacks. Her friend and she herself used to go there to eat during tiffin time. Sometimes, when her friend was not around, she would go there alone. Ashok Mahto (the accused) was old and her neighbor. That is why she used to go to his shop to get kachori and phulori. In the meantime, Ashok Mahto said that he wanted to talk to her about something important in private. On this, when she went to his shop where he said that he would tell her something which she should not tell anyone. After that, he made her swear and after taking her oath, he took her to a maize field and opened her pants and tried to commit wrong act with her. When she protested, he told her that she has sworn in and if she would not allow him to do wrong things, he will get her parents into trouble. Because of that, she was very scared and she started crying. After that he made her keep quiet and raped her while molesting her. Out of fear, she could not say anything at her home. During second time, he told her from beside her house to go to the same maize field that day. When she went to the maize field, he told her to let him commit rape, otherwise he would kill her. After that, he forcibly started raping her. After that, she came home but did not tell her mother or any other family members about this. After that, the accused started calling her at the interval of every three days and started giving her 20 or 30 rupees after raping her. He kept on doing this for the next two months. Then, as soon as she saw him, she used to hide somewhere. In case he would see her again, he would ask her to go with him. She never consented to this. In this way, there was a gap of a few days in between. Then, like this, for the last one week, he started to forcibly rape her by calling her every alternate day. On 06.05.2017, he took her to ruins which was situated at some distance from her house where he started raping her. On 08.05.2017, at 12:30 hours, he said her to come with him. Then she told him to wait and said that she would go after some time because she did not want to go. Then, she went to Mali Complex to commit suicide. After going there, she was thinking of ways to die. Then, her father saw her there and started asking her what she was doing there. When she did not tell him anything, he started scolding her and brought her home while scolding. Then, after being asked a lot and after being sworn in, she told her family about the incident that the accused Ashok Mahto always used to rape her. After that, her cousin brother Raushan Singh brought her to the Police Station on a bike along with her mother.

2.2. After registration of the F.I.R., the Investigating Officer started the investigation and during the course of