JUDGMENT :

Ramesh Sinha, J.

1. The appellant has preferred this appeal under Section 374(2) of Cr.P.C. questioning the impugned judgment dated 30.11.2021 passed in POCSO Case No. 25/2019 by which the learned Additional Sessions Judge (F.T.C.), Kondagaon, District Kondagaon has convicted the appellant under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, the POCSO Act, 2012) and sentenced him to undergo life imprisonment with fine of Rs.10,000/- and in default of payment of fine, to undergo further rigorous imprisonment for one year.

2. Case of the prosecution, in short, is that on 26.06.2019, the appellant lured the prosecutrix who is a minor girl aged about 5 years and took her to his house and committed rape upon her.

3. The first information report (for short, the FIR), (Exhibit P/5) was lodged by the father of the prosecutrix namely Mansai Markam (PW-3) at Police Station, Vishrampuri, District Kondagaon, on 26.06.2019 at 11:00 hours. The said FIR was registered by Sunita Uikey (PW-9) Assistant Sub Inspector, under Section 376 of the Indian Penal Code (for short, the IPC) and Section 4 of the POCSO Act.

4. In the FIR, it was alleged by the complainant-Mansai Markam (PW-3) that he is a resident of Aamgaon, Police Station Bishrampuri. On 20.05.2019, there was a marriage function in their village where he had gone. Her wife Neeta Markam, mother-Dashoda Bai and his both children were at home. Her elder daughter (prosecutrix) aged about 5 years, was playing outside the house. At 11 a.m., when her wife did not find the prosecutrix at home, she went to the house of the appellant. She asked the appellant as to what he was doing with her daughter, the appellant wore his clothes and ran away. Thereafter, her daughter came out of the house after wearing her undergarments. She brought the prosecutrix to her house. The prosecutrix was suffering from fever for a week and complained of pain in her private part. The said incident was informed by Neeta Markam (PW-1) to him and thereafter, the complainant informed about the same to his brother Mansha Ram and sister-in-law (Bhabhi) Fulma Markam (PW- 5) and thereafter, the report was lodged on 26.06.2019. It was specifically alleged that the appellant had committed rape upon the prosecutrix.

5. After investigating the matter, the police submitted the police report alongwith charge-sheet against the appellant/convict under section 376, 376(3) IPC and Section 4, 5(m) / 6 of the POCSO Act, 2012 before the learned Special Judge (FTC) Kondagaon, District Kondagaon, and the case was registered as POCSO Case No. 25/2019.

6. The learned Additional Sessions Judge framed charge on 06.09.2019 charging the appellant/accused for the offence punishable under Section 376AB of the IPC and Section 6 of the POCSO Act, 2012.

7. Amongst others, the prosecution has filed the following documents in support of its case:

• Consent letter (Exhibit P/1)

• Crime details form(Exhibit P/2)

• Property seizure memo(Exhibit P/3)

• Written complaint (Exhibit P/4)

• First Information Report (Exhibit P/5)

• Consent letter (Exhibit P/6)

• Birth Certificate (Exhibit P/7)

• Property seizure memo (Exhibit P/8)

• MLC report of sexual violence (Exhibit P/9)

• Query report of seized undergarment(Exhibit P/10)

• MLC report of prosecutrix (Exhibit P/11)

• Application for MLC of appellant alongwith report (Exhibit P/12)

• Query report of seized undergarment of appellant (Exhibit P/13)

• Property seizure memo (Exhibit P/14)

• Arrest memo (Exhibit P/15)

• Arrest information (Exhibit P/16)

• Memo regarding preparation of spot map (Exhibit P/17)

• Memo to Chief Judicial Magistrate regarding recording of statement of prosecutrix under Section 164 Cr.P.C. (Exhibit P/18)

• Property seizure memo (Exhibit P/19)

• Memo for query of seized undergarment of prosecutrix (Exhibit P/20)

• Memo for query of seized undergarment of appellant (Exhibit P/21)

• Memo to Chief Medical Officer appointing a female Doctor and medical examination of prosecutri