JUDGMENT :

R.M. CHHAYA, J.

1. The present appeal under sections 374(2) of Cr.P.C. is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge and Special Judge at Panchmahal at Godhra in Special Case (POCSO) No. 23 of 2014. The appellant has been convicted for offences under sections 363, 366 of IPC and was sentenced to undergo Rigorous Imprisonment of 2 years and fine of Rs. 1,000/- and in default to undergo simple imprisonment of 2 months. The appellant also came to be convicted for the offence under section 376 of IPC and section 3, 4 of the POCSO Act and was sentenced to undergo Rigorous Imprisonment for 7 years and fine of Rs. 5,000/- and in default to undergo Simple Imprisonment for 1 year by the Additional Sessions Judge and Special Judge, Godhra, District Panchmahal.

2. The case of the prosecution in a nutshell is as under:-

2.1. That father of the prosecutrix Motibhai Dolatbhai Parmar lodged a report on 17.06.2013 with Sahera Police Station that on 09.06.2013 when the original complainant had gone out of station with his wife and when he came back the next day, i.e. 10.06.2013, he did not found his daughter in the bed k