JUDGMENT :

S. K. SAHOO, J.

1. The appellant Sagar Kuldi faced trial in the Court of the learned Judge, Special Court, Dhenkanal in C.T./Special Case No.07 of 2013 for the offences punishable under sections 376(2)(i)/506 of the Indian Penal Code and section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter for short ‘POCSO Act’).

The learned trial Court vide impugned judgment and order dated 30.09.2015 though acquitted the appellant of the charge under section 506 of the Indian Penal Code, however, found him guilty under section 6 of the POCSO Act as well as section 376(2)(i) of the Indian Penal Code and sentenced him to undergo R.I. for ten years and to pay a fine of Rs.5000/-, in default of payment of fine to undergo further R.I. for a period of six months for both the offences and the sentences were directed to concurrently.

2. The prosecution case, as per the First Information Report lodged by the victim on 15.06.2013 before the Inspector in charge, Parjang police station is that on that day at about 12.00 noon while she had been to Malajharan Sahi for grazing of goats, the appellant Sagar Kulidi was also present there and he was also grazing the goats and he