JUDGMENT

Sudhanshu Dhulia, J. - This is an appeal arising out of the judgment and order dated 16.04.2014 passed by the learned District & Sessions Judge, Nainital in Session Trial No. 120 of 2013, whereby the present appellant has been convicted under Sections 302/376/511 and Section 10 of the Protection of Children from Sexual Offences Act, 2012 and has been sentenced to undergo rigorous imprisonment for life with a fine of Rs.5,000/- (Rupees Five Thousand only) under Section 302 of IPC, to undergo five years of rigorous imprisonment with a fine of Rs.5,000/- (Rupees Five Thousand only) under Section 376/511 of IPC, and to undergo rigorous imprisonment for a period of five years with a fine of Rs.5,000/- (Rupees Five Thousand only) under Section 10 of the Protection of Children from Sexual Offences Act, 2012, with default stipulations. All the sentences were directed to run concurrently.

2. The case of the prosecution in short is as follows:-

The incident is of 12.04.2013 for which the accused/present appellant was charged for raping and thereafter strangulating to death a girl child of 10 years of age, inside a jungle called "Jwalavan", in Ramnagar, District Nainital. As per the p