JUDGMENT :

VINOD DIWAKAR, J.

1. We have heard Shri Sunil Kumar, learned counsel for the appellant and Shri Arunendra Kumar Singh, learned AGA for the state.

2. This appeal has been filed against the impugned judgment and order dated 18.12.2018 passed by Ist Additional Sessions Judge, Orai, District Jalaun, in Session Trial No. 56 of 2018 (State vs. Rahul), arising out of Case Crime No. 20 of 2018, U/S 376(2)(i), 323 IPC read with Section 5(m)/6 of The Protection of Children from Sexual Offences Act, 2012, by which the trial court has convicted the accused-appellant Rahul for life imprisonment under Section 376(2)(i) IPC and to pay a fine of Rs. 50,000/-, and in default of payment of fine two years additional imprisonment.

3. In brief, the prosecution case is that on 21.04.2018 at about 07:46 p.m., the complainant Raghvendra Singh filed a written complaint at PS Kotra, District Jalaun, stating that his son went to school at 7:00 a.m. after that Rahul, son of Ramphal Singh, had come to his house on the date of incident and told his wife that he is taking his daughter aged two years (hereinafter referred to as victim “X”) to the temple. Accused-appellant Rahul took his daughter to the temple after combing her hair and putting a frock on her. When Rahul did not return till 9:00 a.m. with the baby girl, the complainant's wife asked Udaypal Singh whether he had seen Rahul in the temple. Udaypal Singh said he was coming from the temple but could not find them. After that complainant's wife and his father reached Rahul's house in search of the victim “X.” Accused Rahul is the first cousin of the complainant. On reaching the house of Rahul, the wife of the complainant, and his father saw that Rahul was on top of her daughter, and her daughter, victim “X” was crying. Seeing the complainant's wife and his father, Rahul left victim “X” and fled away. The complainant's wife and father of the complainant picked victim “X” and saw that X's genitalia was swollen and blood was coming out of her private parts. Rahul has committed rape upon the daughter of the complainant. The complainant's wife and his father told the entire incident over the telephone to the complainant, and after that, the complainant reached home and saw her daughter “X” weeping. She was scared, and her face was also swollen.

4. On the basis of the written report, an FIR was registered on 21.04.2018 at 19:46 under Sections 376(2) (i), 323 IPC read with Section 5 (m)/6 of the Prevention of Children from Sexual Offences Act, 2012 at PS Kotra, District Jalaun, U.P. against the accused Rahul. As there was an allegation of sexual exploitation in the FIR, Medico-Legal Examination of Sexual Violence was conducted on 21.04.2018 at 10.45 p.m. by Sr. Medical Officer posted at District Women Hospital, Jalaun.

5. After registration of the FIR, the police conducted the investigation and recorded the statement under Section 161 Cr.P.C. of (i) Raghvendra Singh, (ii) Udaypal Singh; (iii) Virendra Singh; (iv) Smt. Deepa; (v) Head Constable Chandra Kumari; (vi) Dr. Sunita Banojha; CMO Jalaun and (vii) Constable Ram Bihari Pandey, and (viii) Inspector Ashok Kumar Pandey.

6. After collecting all the materials and upon culmination of investigation against the accused Rahul, the police filed the charge sheet on 25.05.2018, under Section 376(2)(i) and Section 323 IPC read with Section 5 (m)/6 of POCSO Act, 2012 against the accused-appellant. The CJM took cognizance and after complying with the requirements of section 207 Cr.P.C. committed the case to the Court of Sessions for trial.

7. The trial court framed the charges under Section 376(2)(i) read with Section 323 IPC and Section 5(M)/6 of POCSO Act, 2012. The order of charge dated 11.07.2018 was read out to the accused, and the accused-appellant denied the charges and demanded trial.

8. In order to prove its case, the prosecution has produced the following documentary evidence:

(i) Written Report dated 21.04.2018, Exhibited as Ka.1.

(ii) FIR dated 21.04.20