JUDGMENT :

Umesh Chandra Sharma, J.

1. The appeal has been preferred against the conviction and sentence of the appellant Sonu S/o Late Phool Chand, under Section 363, 366, 376D I.P.C. & Section 5/6 of POCSO Act in Session Trial No. 8/2018 in Case Crime No. 111/2017, P.S. Kotwali, District Vindhyachal, U.P. By Special Judge POCSO Act/Additional Sessions Judge, Mirzapur on 14.10.2020.

2. The grounds of appeal are that there was no evidence on record to prove the alleged incident. No one had seen Sonu along with the victim on the date and time of incident. Though, it is stated that the victim was kidnapped at about 10:00 A.M from the nearby market place, no eye-witness saw the occurrence in day light makes the allegation improbable. No witness, neither father nor mother of the victim were aware about the date-of-birth of the victim as to whether at the time of occurrence she was minor or not. There was dispute between the father of the victim and the uncle of the appellant. The victim had relations with Dinesh and Sonu. Sonu has helped the victim to get married with Dinesh. Sonu has been made scapegoat in the matter. There are glaring contradiction between the statement and cross-examin