JUDGMENT :

Lisa Gill, J.

1. This appeal has been filed by appellant, Jai Bhagwan, challenging judgment dated 21.08.2018 passed by learned Additional Sessions Judge, Kaithal whereby he has been convicted for the offences punishable under Section 376(2)(n) of Indian Penal Code (for short - 'IPC') and Section 6 of Protection of Children from Sexual Offences Act, 2012 (for short - 'POCSO Act') and order dated 23.08.2018, whereby he has been sentenced to undergo rigorous imprisonment for life that is remainder of his natural life besides pay a fine of Rs.50,000/- for the offence punishable under Section 376(2)(n) IPC and in default thereof undergo simple imprisonment for two months.

2. Brief facts as per prosecution version are that FIR No. 102 dated 27.06.2017 under Sections 376, 506 IPC and 6 of POCSO Act was registered on the basis of application submitted by victim herself, accompanied by her mother, wherein it is alleged that victim, 15 years old, was studying in 9th standard, her father had three brothers with present appellant being her father's younger brother. Victim's mother, it is stated, often remained out of their house for labour work and that victim used to come back from school at about 2.30 p.m. About 7/8 months prior when she returned from school, her uncle i.e. present appellant committed rape upon her. At that time, none was present at her home. Thereafter, appellant is stated to have repeatedly committed rape upon her as and when he found her alone. Commission of the act continued for 6/7 months. However, being fed up, victim disclosed these facts to her mother, upon which, application, Ex.PA was filed. Action against appellant was sought.

3. Formal FIR No. 102, Ex. PA/1 was registered. Victim was medico legally examined at General Hospital, Kaithal. Investigation was set in motion. Victim was taken to General Hospital, Kaithal for medico examination. Application, Ex.PDD was submitted before the Medical Officer. After medical examination, copy of MLR, Ex.PZ alongwith parcel of clothes of victim, parcel of vaginal swabs, pubic hair, sample seals and forwarding letter to FSL Madhuban were taken in possession by PW15 vide memo (Ex.PB). Supplementary statement of victim was also recorded. Place of occurrence was demarcated. Rough site plan, Ex.PEE and scaled site plan, Ex.PCC were prepared. Victim was counselled by lady Counsellor. Her statement under Section 164 Cr.P.C., Ex.PE was recorded before learned Judicial Magistrate First Class, Kaithal on 28.06.2017 wherein she reiterated allegations against appellant and added that she has not mensurated since February, 2017 and that when she was taken to the hospital, it was revealed that she was pregnant by six months. Ultrasound examination was conducted. Ultrasound report and film are on record as Ex.PO and Ex.PQ, respectively. As per report, Ex.PKK of Dr. Preeti, it was opined that foetus of 23 weeks and two days was detected. Birth certificate, Ex.PL, was taken in possession vide memo Ex.PM reflecting date of birth of victim to be 05.12.2002. Victim was admitted at General Hospital, Kaithal for delivery of child on 20.10.2017. Blood samples of child were in possession for DNA matching. As per DNA report, Ex.PBB, DNA profile of the appellant matched with that of the child delivered by victim.

4. On completion of investigation, final report under Section 173 Cr.P.C. was presented against appellant with a copy thereof being supplied to him. Appellant was charge sheeted for commission of offences punishable under Sections 376(2)(n), 506 IPC and Section 6 of POCSO Act. As many as 15 witnesses were examined by the prosecution and documents as detailed in para 5 of judgment dated 21.08.2018 were tendered. Incriminating evidence against appellant was put to him and his statement under Section 313 Cr.P.C. was recorded wherein he denied allegations against him, pleaded innocence and false implication. No evidence was led in defence.

5. Learned trial Court on considering the eviden