JUDGMENT :

1. This Criminal Appeal, under Section 374 Code of Criminal Procedure, 1973 (hereinafter referred to as 'Code'), has been preferred by the appellant-Vimlesh (hereinafter referred to as 'appellant') against the judgment and order dated 28.1.2016, passed by Additional Sessions Judge, Court No. 10/Special judge Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act'), Unnao, in Special Sessions Trial No. 15/2015 (State vs. Vimlesh), arising out of Case Crime No. 1043/2014, P.S. Makhi, District Unnao, whereby the appellant has been convicted and sentenced for offence under Section 376 (2) I.P.C., for 10 years rigorous imprisonment with a fine of Rs. 10,000/- and for offence U/s 366 I.P.C., for 5 years rigorous imprisonment with a fine of Rs. 5,000/- with further direction that all the sentences shall run concurrently.

2. The prosecution case, in brief, is that Dharam Pal (P.W.-2), father of victim (P.W.-3), lodged the first information report (Ext.-Ka-2) (in short F.I.R.) on 15.12.2014, at about 15:30 p.m. at P.S. Makhi, District Unnao, alleging that P.W.-3 aged about 14 years, had left her house on 07.12.2014 to go to her maternal uncle (