Hon'ble Aniruddha Singh,J.

1. The present jail appeal has been filed by the appellant Chhotak Banvasi against the judgment and order dated 30.10.2015 passed by Special Judge (POCSO)/ Additional Sessions Judge, Court No. 5 Varanasi, in Sessions Trial No. 172 of 2013 arising out of Case Crime No. 296 of 2013, Police Station Rohaniya, District Varanasi convicting the appellant under Section 376 IPC and Section 6 of Protection of Children from Sexual Offences Act (in short the POCSO Act) and sentencing him under Section 6 of POCSO Act to twelve years rigorous imprisonment with fine of Rs. 15,000/-; and in default of fine two years' additional rigorous imprisonment. It was further directed by the lower court that half of the fine shall be paid to the victim and District Legal Services Authority was directed to pay compensation of Rs. 25,000/- separately as per rules.

2. Prosecution story in brief is that on 1.7.2013 written report (Ext. Ka-2) was moved by complainant/informant Subhash at concerned police station mentioning therein that yesterday on 30.6.2013 at 9.30 p.m. his niece (victim) aged about five years was sleeping with her sister in a room of tin shed in which there was no door. At 11 p.m. Accused appellant aged about 19 years, brought up the victim to the field and committed sexual intercourse with the victim. They also found the symptom of rape on the body of the victim. Hindi version of the F.I.R. is quoted below:-

^^udy rgjhj fgUnh oknh %& lsok esa Jheku Fkkuk/;{k egksn; Fkkuk jksgfu;k tuin okjk.klh egksn; fuosnu gS fd eSa izkFkhZ lqok"k iq= Jh esokyky ouoklh lk0 cPNkWo lRrh ij eqlgj oLrh Fkkuk jksgfu;k tuin okjk.klh dk eqy fuoklh gwWA esjh HkkWth iwue dy fnukad 30-6-13 dks jk=h 9-30 cts lc ifjokjhtu ds lkFk HkkstuksijkUr esjh cgu iwtk nsoh ds lkFk mDr iwue mez djhc 8 o"kZ Vhu 'ksM ds dejs es lks x;h Fkh dejs es njoktk ugh Fkk rks jkf= djhc 11 cts lHkh yksxks dks xgjh uhan es lks tkus ij NksVd iq= Jh oynso ouoklh gk0 eq0 mijksDr mez djhc 19 o"kZ esjh mDr HkkWth iwue dks ?kj ls nf{k.k rjQ pjh ds [ksr es xksn es mBk ys x;k vkSj ogha pjh ds [ksr es esjh mDr HkkUth iwue ds lkFk cykRdkj fd;k vkSj ygqyqgku :i es mBkdj esjs ?kj ds ihNs NksM+dj vius ?kj tkus yxk rks esjh cgu mls nkSM+k;h rks ?kj es vius ?kql x;k HkkUth ds djkgus ij esjh cgu ekSds ij fiN+okM+s x;h rks ?kVuk dh iwjh tkudkjh gqbZ esjh HkkUth dh xEHkhj gkyr cuh gqbZ gS vr% Jh eku th ls fuosnu gS fd esjh fjiksVZ ntZdj vko';d dk;Zokgh djus dh d`ik djsA izkFkhZ lqok"k lk0 cPNko lRrhij Fkkuk jksgfu;k okjk.klh fnukad 1&7&2013A

uksV& eSa dka0 eq0 izekf.kr djrk gwW fd rgjhj dh udy fpd ij v{kj vafdr fd;k x;kA

f=Hkqou flag

Fkkuk jksgfu;k

okjk0

1&7&13^^

3. On the basis of written report (Ext. Ka-2) F.I.R. was lodged on 1.7.2013 at 6.20 a.m. against the accused appellant and entry was made in G.D. (Ext. Ka-6). Accused was medically examined. Victim girl brought by police concerned was also medically examined on 1.7.2017 at I.M. Hospital Varanasi brought by police concerned. Injury report is (Ext. Ka-3), Statement recorded u/s 164 Cr.P.C. of the victim is (Ext Ka-1). Half pant of the victim (Ext. Ka-9) and T-shirt of the accused (Ext. Ka-10) were recovered and sent to the Forensic Science Laboratory. Chemical examination report is (Ext. Ka-12). Age certificate of victim is (Ext. Ka-7) in which her age was found about 5 years. After interrogating the witnesses preparing the site plan and also fulfilling the entire formalities charge sheet (Ext. Ka-11) was filed.

4. Concerned Magistrate took the cognizance on the charge sheet. Case being exclusively triable by Sessions Court was committed to the court of Sessions for trial. Accused appellant appeared before the trial court and charges for the offence under Section 376 IPC and Section 6 POCSO Act were framed against him to which he denied and claimed the trial.

5. In order to prove its case, prosecution examined, seven witnesses in all i.e. P.W. 1 Poonam (victim), P.W. 2 Subhash Banswasi (maternal uncle of the victi