M.R. Shah, J.

1. As both these appeals arise out of the impugned judgment and order passed by the learned Special Court and as such, both these appeals can be said to be cross appeals, they are disposed of by this common judgment and order.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 28.04.2017 passed by the learned Additional Sessions Judge (Special Judge), POCSO, Dev Bhoomi Dwarka at Khambhaliya passed in Special POCSO Case No. 2/2016 (Old Special Case No. 28/2014), the State has preferred Criminal Appeal No. 1153 of 2017 in so far as challenging the impugned order passed by the learned Special Court in not imposing any sentence whatsoever for the offence punishable under Section 376 of the Indian Penal Code and also for enhancement of sentence imposed by the learned Special Court and convicting the original accused for the offences punishable under Sections 363, 366 and 376 of the Indian Penal Code and under Sections 3(A) and 4 of the Protection of Children from Sexual Offences Act, 2012.

2.1 Criminal Appeal No. 394 of 2018 has bee