JUDGMENT

1. The appellant has preferred this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (2 of 1974) (for brevity 'Cr.P.C.') being aggrieved by the judgment dated 07/11/2022 passed by the Court of Special Judge (POCSO Act), Datia in Special Case No.10/2020, whereby the appellant has been convicted for the offences punishable under Sections 363, 366, 376(1) of Indian Penal Code (for brevity 'IPC') and under Sections 3/4 and 5(j)(ii)/6 of Protection of Children from Sexual Offences Act, 2012 (for brevity 'POCSO Act') and in view of the provisions of Section 42 of POCSO Act, 2012, sentenced him as under:-

2. The prosecution case in brief is as follows:-

(i) On 04/12/2019 at about 19.00 hours, complainant made an oral complaint to the police to the effect that in the intervening night of 23/12/2019, when he had gone to his agricultural field, situated at village Bhedpura, for watering the crops, his minor daughter prosecutrix aged about 17 years and 6 months had gone somewhere without informing him or his family members. On 03/12/2019 at about 4:00 hours, on being informed by his wife, he made search of her to nearby places and thereafter, reported to the police. On the basis of oral complaint made by the complainant, an FIR, Ex.P/7 and missing person's report, Ex.P/6, were lodged at Police Station Pandokhar, District Datia.

(ii) On the next day, i.e. 05/12/2019, S.I., Darshan Shukla went to the place of occurrence, prepared the spot map and recorded the statement of the complainant and his wife. Thereafter, on 28/01/2020, prosecutrix was recovered from the possession of the appellant, as per Dastyavi Panchnama, Ex.P/1. S.I., Priyanka Singh recorded her statement and vide letter Ex.P/20, sent her to District Hospital, Datia for medical examination, where Dr. Jayanti Barethiya medically examined the prosecutrix as per MLC report Ex.P/2 and referred her for Sonography. Dr. Ravindra Baskel (PW-14) conducted the Sonography of the prosecutrix and found her pregnant as per report Ex.P/21. I/O S.I. Darshan Shukla obtained the copy of admission register entry, Ex.P/4, of Shashkiya Madhyamik Vidyalaya, Bhedpura, Bhander, District Datia alongwith certificate Ex.P/5 about the age of the prosecutrix. Arrested the appellant and after completion of investigation, filed the chargesheet before the Court of Special Judge (POCSO Act), Datia.

3. Learned Trial Court considering the material prima facie available on record framed charges under Sections 363, 366, 376(2)(n) of IPC and Sections 5(L)/6, 5(j)(ii)/6 of POCSO Act against the appellant, who abjured guilt and prayed for trial.

4. Learned Trial Court after appreciating the oral as well as documentary evidence available on record, convicted the appellant for the offences punishable under Sections 363, 366, 376(2)(n) of IPC and Sections 5(l)/6 & 5(j)(ii)/6 of POCSO Act, 2012 and in view of the provisions of Section 42 of POCSO Act, sentenced him as stated in para 1 of this judgment.

5. Being aggrieved by the said judgment of conviction and order of sentence, the appellant has preferred this appeal for setting aside the impugned judgment and discharging him from the aforesaid charges framed against him.

6. Learned counsel for the appellant submits that the prosecutrix in her statement recorded during investigation under Section 164 of Cr.P.C., Ex.P/3, as well as statement recorded during trial specifically deposed that she went with appellant on her own will and thereafter solemnized marriage with him. Prosecution has failed to prove this fact beyond reasonable doubt that the prosecutrix was minor at the time of incident, as nothing has been produced on record except the school admission register entry, Ex.P/4 in