JUDGMENT :

SANJAY KUMAR JAISWAL, J.

1. The present appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) is directed against the judgment of conviction and order of sentence dated 14.02.2020 passed by the Special Judge under Protection of Children from Sexual Offences Act, 2012, Janjgir, District Janjgir-Champa, Chhattisgarh in Special Sessions Trial No. 50 of 2019. By the impugned judgment, the appellant has been convicted under Section 376 (a), (b) of IPC & Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO Act’) and sentenced greater degree under Section 6 of POCSO Act to undergo rigorous imprisonment for 20 years and to pay fine of Rs.1,000/- in default of payment of the fine amount, he would further undergo imprisonment for 3 months.

2. The case of the prosecution, in brief, is that on 13.12.2019, Saroj Tiwari (PW-3) lodged a written complaint (Ex.P/1) stating that between 04.00-04.30 P.M. she was returning along with her husband to Janjgir from Sector Kosmanda of Baloda after attending the meeting of Anganwadi Workers. When she reached Darrabhata, she saw that a minor girl is travelling with the driver of motorcycle bearing registration No. CG-11/B/2845. The girl was sitting in the front of the motorcycle and the driver of the motorcycle was suspected. After that, Saroj Tiwari (PW-3) and her husband stopped the motorcycle near Ishika Hotel, at that time, the driver of the motorcycle turned the motorcycle and went towards the cremation ground where the appellant tried to outrage her modesty with a minor girl. When the complainant along with her husband reached the spot, the appellant tried to run away from the place of the incident, but the husband of the complainant caught hold of the appellant and called the Police.

3. On a complaint of Saroj Tiwari (PW-3), Police personnel of Police Station Janjgir, District Janjgir-Champa, Chhattisgarh registered Crime No. 532 of 2019 for the offences punishable under Section 376 of Indian Penal Code, 1860 (for short ‘IPC’) and Sections 4, 6 of POCSO Act against the appellant. Thereafter, wheels of investigation started running, in which, crime details form was prepared vide Ex.P/3. Spot Map was prepared vide Ex.P/4. Panchnama was prepared vide Ex.P/5. Prosecutrix was sent for medical examination, the report of which is filed vide Ex.P/6. The appellant was also sent for medical examination, the report of which is filed vide ExP/7. The seized article has been sent for examination vide Ex.P/8A and a query report has been obtained vide Ex.P/8. Memo regarding providing of Spot Map has been placed vide Ex.P/9. The undergarment of the appellant, as well as the motorcycle of the appellant and one register, were seized vide Ex.P/10 to Ex.P/12. The appellant has been arrested vide arrest/court surrender memo Ex.P/13. Memo for Forensic Science Laboratory (for short ‘FSL’) report was requisitioned vide Ex.P14, receipt of which is placed on record vide Ex.P/15. FSL report has been obtained vide Ex.P/16, in which, after examination of the underwear of the appellant, semen was found present on it. Copy of relevant page of the register on which article was seized has been placed Ex.P/17C. Memo has been sent to the Headmaster of Primary School, Lachhanpur for providing the attendance register of the prosecutrix vide Ex.P/18 and a copy of the relevant page of the attendance register has been obtained vide Ex.P/19C. The admission certificate of the prosecutrix has been obtained vide Ex.P/20 where the date of birth of the prosecutrix has been mentioned as 14.04.2009.

4. In order to establish the guilt of the appellant/accused, the prosecution examined as many as 10 witnesses and exhibited 22 documents. The statement of the appellant/accused was recorded under Section 313 of the Cr.P.C. in which, he denied the charges levelled against him and pleaded his innocence and false implication in this case. The appellant/accused has neither exam