JUDGMENT

Lok Pal Singh, J. - The present Criminal Jail Appeal is directed against the impugned judgment and order dated 14.06.2019 passed by Special Judge, POCSO, Additional Sessions Judge, Dehradun in Case Crime No.209 of 2018 (S.T. No.76 of 2018), under Sections 363, 366A & 376 of IPC & 5/6 POCSO Act Chalani Thana Sahaspur, Dehradun, before the Additional District and Sessions Judge, F.T.C., Special Judge, POCSO, Dehradun, whereby, the appellant has been convicted for the offences punishable under Sections 363 of IPC and Section 6 of POCSO Act and sentenced for rigorous imprisonment of 10 years and a fine of Rs.40,000/- has been imposed. Out of the fine of Rs.40,000/-, Rs.20,000/- has been directed to pay the victim. The appellant has been convicted for rigorous imprisonment of three years and a fine has been imposed and in case of non-payment, the appellant shall serve the sentence of more than one year or one month respectively. All the sentences shall run concurrently.

2. Facts leading to the present case are that the complainant PW2 (name withheld) lodged the First Information Report on 07.05.2018. The allegations made against the appellant are that his daughter (name withheld) aged about 13 years has been incited by the accused appellant. He tried to search the girl but could not find out anywhere. The incident happens to be on 07.05.2018. He also gave the mobile number of the accused and his daughter.

The said FIR has been lodged in this regard. On the said FIR, the Investigating Officer started investigation. Thereafter, the girl was recovered and her statement was recorded under Section 164 of Cr.P.C. stating therein that the incident happens to be on 06.05.2018. She deposed that when she was going to meet her mother, on the way, the accused called her through indication and told her that he loves her and wants to marry with her. She told in her statement that initially she had gone to Paunta Sahib Gurudwara via Himachal with the accused against her Will, while he made physical relations with her. Next day, the accused appellant had gone to the house of his sister with her at Abohar, Haryana. Thereafter, the accused appellant had gone to his native place with her at Pehua Kurukshetra and also got married in a temple. They have been arrested by the police on 10.05.2018 from Ballupur Chawk.

3. It is averred that the girl was medically examined and no external or internal injury was found on her body. The doctor opined that no definite opinion of rape can be given. The accused has been shown to be arrested as per arrest memo on 12.05.2018 at about 11.15 midnight. After investigation, the Investigating Officer submitted the charge-sheet against the appellant for the offences punishable under Sections 363, 366A & 376 of IPC & 5/6 POCSO Act.

4. The learned Special Judge, POCSO, Dehradun framed the charges against the accused appellant for the offence punishable under Sections 363, 366A & 376 of IPC & 5/6 POCSO Act. The accused appellant pleaded not guilty and claimed to be tried. On denial of guilt, the prosecution got examined as many as six witnesses. P.W.1 (name withheld) (victim), P.W.2 (name withheld) (father of the victim), P.W.3 Dr. Manju Chand, P.W.4 (name withheld) (mother of the victim), P.W.5 Laxmi Joshi (S.I.) and P.W.6 Subhash Verma (Principal of the School). Thereafter, oral and documentary evidence was put to the accused person under section 313 Cr.P.C. in reply to which he stated that he has been falsely implicated in the instant case. He denied the allegations as levelled against him. The learned Trial Court by the impugned judgment and order dated 14.06.2019 has convicted the appellant for the offence and sentence accordingly.

5. In Examination in Chief, the prosecutrix stated that she travelled with the accused at different places where the accused appellant developed physical relations with her against her will. In cross examination, she could not support her Examination in Chief and she stated that she is n