JUDGMENT :

Goutam Bhaduri, J

1. The present Appeal is against the judgment of conviction and order of sentence dated 23.07.2021 passed by the Additional Sessions Judge (FTC), Kondagaon, District Kondagaon in POCSO Case No.21/2018 (CG) whereby, the Appellant has been convicted for the offence under Sections 363, 302, 376 and 201 of IPC as also under Section 4 of the Protection of Children from Sexual Offence Act, 2012 (for short ‘the POCSO Act’) and sentenced to undergo RI for 7 years with a fine of Rs.1,000/- on each count under Sections 363 and 201 IPC and to undergo imprisonment for life with fine of Rs.1,000/- under Section 302 IPC. Since maximum sentence was prescribed under Section 4 of the POCSO Act, the Appellant has been sentenced only under Section 4 of the said Act to undergo imprisonment for life till his natural death with usual default stipulation and not under Section 376 IPC.

2. Case of the prosecution is that on 12.06.2018, Complainant-BP (PW-1) lodged a written report alleging that on 11.06.2018, his minor daughter aged about 4 years, while playing in village GTP went missing since 3 pm on the basis of which, missing report was lodged under Section 363 IPC. Subsequent