JUDGMENT :

Ramesh Sinha, J.

1. This criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment dated 24.03.2023 passed by the Additional Sessions Judge F.T.S.C. (POSCO), Korba, District – Korba (C.G.), in Special Case (POCSO) Case No.45/2021, whereby the learned Additional Sessions Judge has convicted the appellant for offences punishable under Sections 365 and 376(2)(n) of the Indian Penal Code (hereinafter called as ‘IPC’) and sentenced to undergo RI for 7 years and fine of Rs.500/-, in default of payment of fine to further undergo RI for 6 months and imprisonment for life (which means imprisonment for the remainder of his natural life) and fine of Rs.500/-, in default of payment of fine to further undergo RI for six months.

2. Case of the prosecution, in brief, is that the victim/prosecutrix (PW-1) lodged the FIR (Ex.P-21) on 22.10.2018 at Police Station Kotwali stating inter-alia that on 19.10.2018 at about 10 P.M. she was returning back to her house alongwith her grand mother (PW-3) and other children, it is alleged that her grandmother was walking in front of them and they were walking behind her, then only friend of her uncle