A.J. Shastri, J.

1. The Criminal Appeal is filed by the appellant - accused under Section 374 of the Cr.P.C. Against the judgment and order, dated 5.8.2016, passed by the learned Special Judge (POCSO), Mehsana in Special (POCSO) Case No. 81 of 2014.

2. The case of prosecution, in brief, is that on 5.9.2017, the victim (prosecutrix) without permission and consent of the parents, went away with the appellant - accused, who lured her and thereby, by giving false promise of marriage, took the victim in the evening hours at around 7.30 p.m. to various places including temple and committed rape, established physical relationship against her will and thereby, has committed an offence punishable under Sections 363, 366 and 376 of the IPC read with Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The case of the prosecution is that at the relevant point of time, the victim was below the age of 18 years and at the time when offence is said to have been committed, he was aged about 17 years and 11 months. Resultantly, a complaint was lodged at Bahucharaji Police Station being I-C.R. No. 57 of 2014.

2.1 A complaint came to be filed by the prosecutrix in which she asserted that from 5.9.2014 to 10.9.2014, she was kept by the appellant - accused with him and took advantage of her and thereby, established the physical relationship.

2.2 The aforesaid complaint came to be investigated by the Investigating Officer in which statements of relevant witnesses have been taken, panchnama of scene of offence has been drawn as well as the panchnama of recovery of clothes of the accused as well as the complainant came to be executed and thereafter, arrest panchnama is also drawn, medical examination has also been undertaken of the prosecutrix and the further inquiry was sent to PI Shri Santhal, pursuant to the order of Superintendent of Police, Mehsana. After conducting thorough investigation, since adequate material has emerged in which the appellant accused was to be tried, a charge-sheet came to be submitted for the offences as stated hereinabove. The case was committed to the Court of Sessions which came up for consideration before the Special Judge (POCSO) and the charge specifically came to be framed against the appellant accused on 24.2.2015 at Exh. 8. The same was read over to the appellant accused and his plea was recorded at Exh. 9, but since he denied the offence, the case was put up for further trial. After recording the plea, the prosecution with a view to establish the case against the appellant accused has led oral as well as documentary evidence. So far as oral evidence is concerned, as many as 16 witnesses have been examined and some 36 documentary material adduced before the Court and subsequently, a closure pursis was submitted by the prosecution. After closing of evidence by the prosecution, the Court has recorded a further statement of the appellant accused under Section 313 of the Cr.P.C. in which again the appellant accused reiterated that he has not committed any offence and claimed to be tried, pursuant to which respective sides tendered their written arguments. The issues have been framed by the trial court and after considering the entire material on record, the trial court found the appellant accused guilty of an offence punishable under Sections 363, 366 and 376 of the IPC read with Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 and passed the order of sentence in the following form by judgment and order dated 5.8.2016.

"The appellant accused is convicted for the offence punishable under Sections 363, 366 and 376 of the Indian Penal Code, 1860 and under section 4 and 8 of the POCSO Act and sentenced to undergo rigorous imprisonment for Seven years and to pay a fine of Rs. 1,000/- and in default of payment of fine, further to suffer simple imprisonment for seven days and for the offence punishable under section 366 of IPC, the appellant was sentence