JUDGMENT :

M. Thakuria, J.

Heard Ms. J. Doji, learned Amicus Curiae for the appellant. Also heard Ms.T. Jini, learned Additional Public Prosecutor for the State of Arunachal Pradesh.

2. This jail appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment & order dated 30.03.2021, passed by the learned Special Judge, POCSO, at Khonsa, in KSA POCSO Case No. 28/2020, in connection with Kharsang P.S. Case No. 09/2020, under Sections 341/376(2)(f) of the Indian Penal Code readwith Section 6 of the POCSO Act, 2012, whereby, the Special Judge, POCSO, Khonsa, Tirap District, Arunachal Pradesh, has convicted the present accused/appellant under Section 6 of the POCSO Act and thereby sentenced him to undergo imprisonment for life and with a fine of Rs. 20,000/- in default to undergo S.I. for another 2 (two) months for the offence of aggravated penetrative sexual assault on his step daughter.

3. The brief facts, leading to this appeal, is that on 22.08.2020, one Mrs. Basanti Singh, mother of the victim, lodged an F.I.R. with the Officer-In-Charge, Kharsang Police Station, alleging that on the same day, at around 2.30 p.m., the present accused/appellant-Shri Bhakto Singh, took his stepdaughter, who was about 10 years of age, inside the jungle and raped her. As per the allegation, on 22.08.2020, while the victim (name withheld) visited the resident of one neighbor-Sidananda Dihingya along with the youngest son of the appellant and were playing with the other kids, the accused/appellant went to the resident of the said neighbor and asked the victim (his stepdaughter) and his son to come back to their home and he also accompanied both of them while they were coming back to home. But, on the midway, the accused asked his son to go back home alone and took the victim, i.e. his stepdaughter, towards the jungle and inside the jungle, he forcefully raped his stepdaughter, who was about 10 years of age. When her brother came back home alone, the mother of the victim went to the road in search of her daughter and after sometime, she found her coming home and was crying. On inquiry, she discloses everything to her mother and then the mother of the victim called the neighbours, but during that time, the accused/ appellant ran away from the spot and the mother of the victim immediately took the victim to the hospital as she was profusely bleeding through her genital organ and was also suffering from stomach pain. Thereafter, the mother of the victim lodged the F.I.R. against the present accused/appellant.

4. Upon receipt of the F.I.R., the Officer-In-Charge, Kharsang Police Station, registered the case, being Kharsang P.S. Case No. 09/2020, under Sections 341/376(2)(f) IPC read with Section 04/06 of POCSO Act, and started investigation. During investigation, the I.O. recorded the statement of the victim and also forwarded her to PHC, Kharsang, for her medical examination and treatment and arrested the present accused/appellant and also forwarded him for medical examination to PHC. Penal and vaginal swab of the accused as well as the victim were also collected and sent for FSL examination. Thereafter, the I.O. visited the place of occurrence and drawn rough sketch map of the PO, which was a jungle near Coke Bhatta at Longtom-I Village, where some bamboo plants and small pond were there. The Birth Certificate of the victim and her wearing apparels were also seized by the I.O. and after recording the statements of all the witnesses and collecting medical report etc., the I.O. laid Charge-Sheet against the present accused/appellant under Sections 341/376(2)(f) of the Indian Penal Code readwith Section 4/6 of the POCSO Act. Thereafter, the learned Special Judge, POCSO, provided a copy, under Section 207 Cr.P.C., to the present accused/appellant and he expressed his inability to engage counsel and accordingly, a State defence counsel was engaged for him for his defence.

5. The prosecution examined as many as 9 (nine) num