JUDGEMENT

1. In this appeal, challenge is to the judgment and order dated

13.02.2020, passed by learned Additional Sessions Judge, Gondia, whereby the learned Judge, on conviction of the accused, sentenced him to undergo rigorous imprisonment for 10 (ten) years and to pay fine of Rs.30,000/-

2024:BHC-NAG:7095 (Rupees Thirty thousand only) for the offence punishable under Section 376(2)(f)(i) of the Indian Penal Code. Though, the accused was convicted for the offence under Section 5(m)(n), punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act” for short), no separate sentence was awarded.

2.BACKGROUND FACTS :- The victim girl in this case, at the relevant time, was about 10 years old. The informant (PW1) is the mother of the victim. The father of the victim is working as a driver in a mill. The in-laws of the informant are residing separately in adjoining house. The FIR reveals that on 23.05.2015 at about 10.00 a.m., the informant along with two daughters went to the house of her elder brother-in-law to watch the marriage procession. She was sitting in the courtyard of the house of her brother-in-law where the