J.B. PARDIWALA, J.

1. As both the captioned appeals are against the selfsame judgment and order of acquittal passed by the Trial Court, those were heard analogously and are being disposed of by this common judgment and order.

2. The Criminal Appeal No.1342 of 2018 is at the instance of the State of Gujarat, whereas the Criminal Appeal No.934 of 2018 has been filed by the original complainant (victim’s mother) under section 372 of the Code of Criminal Procedure, 1973.

3. Both the appeals, referred to above, are directed against an order of acquittal dated 3rd May, 2018 passed by the Special & Addl. Sessions Judge, Bharuch in the Special POCSO Case No.45 of 2016. By the impugned judgment passed by the Special & Addl. Sessions Judge, Bharuch, the original accused came to be acquitted of having committed the offences punishable under sections 376 and 506 (1) of the IPC and sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short “POCSO”).

4. Case of the prosecution

4.1 The prosecution case, which unfolded during the course of the trial is that on 14th June, 2016, the victim, a six year old girl, after returning home from her school, was playing outside her house along with her friends. The accused is also residing nearby the house of the victim. It is the case of the prosecution that while the victim was playing with her friends, the accused took her to his house and locked the door from inside. Thereafter, the accused removed the clothes of the victim, and he too, took off his clothes. The accused applied some oil on the private part of the victim and, thereafter, raped the victim. The accused is also alleged to have threatened the victim by saying that if she would disclose to anyone, she would be thrown in the river. The victim, thereafter, somehow, managed to escape from the clutches of the accused and straightway went running to her house and disclosed about the incident to her mother, namely, Ranjanben Maheshbhai Vasava. The mother, on learning about the incident from her minor daughter, examined the private part of the victim and noticed that there was swelling and redness. Thereafter, the mother of the victim immediately confronted the accused as regards the incident. The accused denied before the mother of the victim having indulged in any such act as complained by the victim. The father of the victim, on his return to home from his job, went straight in search of the accused. However, the accused was not found. As the victim was unable to pass urine, the parents, along with the victim, went straight to the police station, and at the police station, the mother lodged the first information report for the offences enumerated above.

4.2 On the first information report being lodged by the P.W. 12, i.e., the mother of the victim, the investigation had commenced. The victim was taken to the General Hospital, Bharuch with a police Yadi for the medical examination.

4.3 The medical certificate of the victim issued by the Doctor is at Exh.37. The accused was arrested on the next day, i.e., on 15th June, 2016 and he too was taken to the Civil Hospital, Bharuch with a police Yadi for medical examination. The accused, while narrating the history before the Doctor, stated that on 14th June, 2016, he was playing with the victim in the evening between 3:00 and 4:00 O’ clock and, thereafter, he brought the victim at his house and started playing with her after closing the door. The medical certificate of the medical examination of the accused is at Exh.40. The victim, thereafter, was taken to the Court of the Judicial Magistrate, First Class, Bharuch for the recording of her statement under section 164 of the Cr.P.C. The victim was put forward before the 5th Addl. JMFC, Bharuch, who, in turn, recorded the statement of the victim under section 164 of the Cr.P.C. The Panchnama of the place of occurre