JUDGMENT :

MD. SHABBAR RASHIDI, J.

1. The appeal is directed against the judgment of conviction dated December 20, 2018 and order of sentence dated December 21, 2018 passed by the learned Judge, Special Court under the Protection of Children from Sexual Offences Act, Serampore, Hooghly in Sessions Trial No. 09/2017 arising out of Special Case (P) No. 19/2017.

2. By the impugned judgment of conviction and order of sentence, the appellant and another accused were convicted for the offences punishable under Section 376D of the Indian Penal Code and Sections 6 and 12 of the Protection of Children from Sexual Offences Act, 2012. They were sentenced to rigorous imprisonment for 20 years each and a fine of Rs. 50.000/- and in default of payment of fine to undergo simple imprisonment for a further period of three months, for the offence punishable under Section 376D of the Indian Penal Code as well as of the Section 6 of the POCSO Act, 2012. They were also sentenced to rigorous imprisonment for 3 years each and a fine of Rs. 10.000/- nd in default of payment of fine to undergo simple imprisonment for a further period of one month, for the offence punishable under Section 12 of the POCSO Act, 2012. Both the sentences were directed to run concurrently.

3. The mother of the victim lodged a written complaint on April 26, 2017 with the police stating, inter alia, that the victim was 16 years of age. On April 25, 2017, a Puja was being celebrated throughout the night. The de facto complainant along with her husband and two daughters went to see the Puja. She further stated that in the early morning of April 26, 2017 at about 5 AM, when the Puja was over, her daughter i.e. the victim was talking to her friend at a place which was a little distance away from the temple. In the meantime, the two accused persons came to her daughter and dragged her forcefully into a vacant land i.e. the place of occurrence and committed rape upon her against her will.

4. The written complaint also disclosed that the two accused persons used to block occasionally the way of the victim on her way to school occasionally, passed lewd comments and used to threaten to commit rape upon her. The de facto complainant also stated that the victim disclosed the aforesaid facts before her but out of shame and fear; she did not make any complaint in this regard.

5. It was also stated in the written complaint that the friend of the victim fled away from the place they were talking out of fear. The accused persons took photographs of the rape committed upon the victim through their mobile phone and threatened the victim to make it viral if she disclosed the incident to anyone. The victim managed to reach her house crying and disclosed the incident to the de facto complainant. After discussions with her husband, the de facto complainant lodged the written complaint with the police.

6. On the basis of such written complaint, Chanditala Police Station Case No. 180/17 dated April 26, 2017 under Section 376 D of the Indian Penal Code and Section 6/12 of the Protection of Children from Sexual Offences Act, 2012, was started against the two accused persons including the appellant.

7. The police took up the investigation and on completion of the investigation, submitted the charge sheet. Charges under Section 376 D of the Indian Penal Code and Sections 6 and 12 of the Protection of Children from Sexual Offences Act were framed against the two accused persons including the appellant on July 1, 2017. Both the accused persons pleaded not guilty to the charges and claimed to be tried. Accordingly, they were put on trial.

8. In course of trial, the prosecution examined as many as 12 witnesses. In addition, prosecution also relied upon certain documentary and material evidences. On conclusion of the prosecution evidences, the two accused persons including the appellant were examined under Section 313 of the Code of Criminal Procedure.

9. It is submitted on behalf of the appellant that on the basis of