JUDGMENT :

Joymalya Bagchi, J.

1. Conviction and sentence dated 13th June/14th June, 2016 passed by the learned Additional Sessions Judge, 2nd Court, Krishnagar, Nadia in Sessions Case No. 05 (10) of 2014 [Sessions Trial No. I (VIII) of 2015] convicting the appellant-convict in CRA 474 of 2016 for commission of offence punishable under Section 376 IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012 and sentencing him to suffer rigorous imprisonment for seven years and to pay fine of Rs.10,000/-, in default, to suffer rigorous imprisonment for six months more for the offence punishable under Section 376 IPC and to suffer rigorous imprisonment for three years and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for three months more for the offence punishable under Section 8 of the POCSO Act and the acquittal of the other co-accuseds namely, Sweety Chakraborty, Nonigopal Biswas and Kamana Rani Biswas is the subject matter of challenge in both the appeals. While the appellant-convict has challenged his conviction and sentence in CRA 474 of 2016, one of the victims i.e. PW2 has preferred the appeal being CRA 95 of 2017 under the proviso of