1. Heard Mr. Kishore Narayan, learned counsel for the appellant as well as Ms. Vaishali Mahilong, learned Deputy Government Advocate, appearing for the State/respondent.

2. The appellant has preferred this appeal under Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) questioning the impugned judgment dated 12.12.2024 passed by the Additional Sessions Judge, First Fast Track Special Court ‘POCSO’, Raipur, District Raipur (C.G.) in Special Sessions Case ‘POCSO’ No.78/2019, by which, the appellant has been convicted and sentenced as under :-

3. It is not in dispute that during pendency of the trial, the prosecutrix and her minor daughter were murdered, for which the present appellant was separately tried in Sessions Trial No.118/2021. By judgment dated 19.07.2022 passed by the learned Special Judge (Atrocities) and Additional Sessions Judge, Raipur, the appellant/accused has been convicted for the offences punishable under Sections 302 (two counts) and 201 of the IPC in relation to the homicidal death of the prosecutrix and her daughter. Against the said judgment of conviction, the appellant preferred Criminal Appeal No.631/2023, which was also listed today and has been dismissed today by this Court vide a separate judgment passed therein.

4. The appellant/accused Vicky @ Sukhiram @ Idaki was tried for the offences punishable under Sections 376 and 376(2)(n) of the Indian Penal Code, 1860 (for short, ‘IPC’) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, “POCSO Act”) on the allegation that about one to one and a half years prior to lodging of the FIR dated 04.04.2019, he repeatedly established physical relations with the victim, who was below 18 years of age, on the false promise of marriage, due to which she became pregnant and later gave birth to a female child.

5. The prosecution case, in brief, is that on 04.04.2019, father of the victim (PW-01) lodged a written complaint (Ex.P/01) at Police Station Telibandha, Raipur alleging that his daughter/victim was aged about 17 years. About one to one and a half years prior thereto, the victim had gone to the house of her maternal grandmother at Raipur during Ganesh immersion festivities, where she came in contact with the appellant/accused. It was alleged that the accused trapped the victim in a love affair and on the false promise of marriage committed forcible sexual intercourse with her repeatedly, as a result of which she became pregnant. On the basis of written complaint (Ex.P/01), FIR (Ex.P/02) was registered against the accused for offences punishable under Section 376 IPC and Section 6 of the POCSO Act and investigation was set in motion.

6. During investigation, consent of the victim and her father was obtained vide consent letter (Ex.P/09), pursuant to which the victim was medically examined at District Hospital, Raipur on 05.04.2019. Dr. Smt. Pratibha Sharma (PW-04), who medically examined the victim, proved medical examination report Ex.P/20 and deposed that the victim was found habituated to sexual intercourse and was suspected to be pregnant, whereafter urine pregnancy test and ultrasonography were advised. Pregnancy examination report (Ex.P/22), proved by Dr. Y.C. Mishra (PW-05), confirmed that the victim was pregnant.

7. During investigation, statement of the victim under Section 164 Cr.P.C. was recorded vide Ex.P/12 pursuant to order-sheet dated 08.04.2019 (Ex.P/13). Counseling report of Child Welfare Committee was brought on record as Ex.P/14. Statements of the victim and her father under Section 161