JUDGMENT

S.K. Sahoo, J. - The appellant Prafulla Mundari @ Pelka faced trial in the Court of learned Addl. Sessions Judge -cum- Special Judge, Sundargarh camp at Rourkela in Special G.R. Case No.417 of 2013/Trial No.29 of 2017 for commission of offences punishable under section 376(2)(i) of the Indian Penal Code and section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereafter POCSO Act) on the accusation that he committed rape on the victim girl, who was aged about eight years at the time of occurrence, in a dilapidated house situated at village Lindra under Bisra police station in the district of Sundargarh.

The learned trial Court vide impugned judgment and order dated 21.03.2018 found the appellant guilty of both the charges and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/- (five thousand), in default, to undergo rigorous imprisonment for six months for the offence under section 376(2)(i) of the Indian Penal Code. No separate sentence was awarded for the conviction of the appellant under section 6 of the POCSO Act in view of the provision under section 42 of the said Act.

2. The prosecution case, as per the first