1. We have heard learned counsel for the appellant and learned Additional Public Prosecutor for the State as also learned counsel for the informant.

2. The present appeal has been preferred through the Patna High Court, Legal Services Committee. This appeal is arising out of the judgment of conviction dated 20.08.2019 (hereinafter referred to as the 'impugned judgment') and the order of sentence dated 27.08.2019 (hereinafter referred to as the 'impugned order') passed by learned 1st Additional Sessions Judge - cum - Special Judge (POCSO Act), Madhubani (hereinafter referred to as the 'learned trial court') in POCSO G.R. Case No. 16 of 2018 arising out of Benipatti P.S. Case No. 27 of 2018.

3. By the impugned judgment, the learned trial court has been pleased to convict the appellant for the offences punishable under S.376 of the Indian Penal Code (in short 'IPC') and S.4 and S.6 of the Protection of Children from Sexual Offences Act (in short 'POCSO Act').

4. By the impugned order, the appellant has been ordered to undergo imprisonment for life and to pay a fine of Rs.1,00,000/- for the offence under S.376 IPC and in case of default of payment of fine, he has to further undergo one year imprisonment. For the offence under S.4 and S.6 of the POCSO Act, he has to further undergo twenty years rigorous imprisonment for each of the Sections and to pay a fine of Rs.10,000/- each and in case of default of payment of fine, he has to further undergo six months imprisonment for each of the sections under the POCSO Act. Prosecution story

5. The informant / father of the victim (PW - 3) alleged in his written application (Exhibit '1') that on the alleged date of occurrence at about 03:00 PM in the evening, his daughter / victim (PW - 2) aged about eight years had gone in the garden ('gachi') situated at about 200 meters from his house and was collecting the leaves. In the meantime, Chhedi Das (this appellant) caught hold of the victim and committed rape upon her. The victim came crying and said taking name of this appellant that he has committed wrong act with her and fell unconscious. The informant and others brought her to Benipatti for primary health.

6. On the basis of this written application, Benipatti P.S. Case No. 27 of 2018 dated 03.03.2018 was registered under S.376 and S.4 and S.6 of the POCSO Act against this appellant. After investigation, Police submitted a chargesheet bearing No. 103 of 2018 dated 31.03.2018 under S.376, S.307 IPC and S.4 and S.6 of the POCSO Act against this appellant. Learned trial court, vide order dated 25.04.2018 took cognizance of the offences under S.376, S.307 IPC and S.3 and S.4 of the POCSO Act against this appellant.

7. Charges were read over and explained to the appellant in Hindi to which he pleaded not guilty and claimed to be tried. Accordingly, vide order dated 24.07.2018, charges were framed under S.376 and S.307 IPC and S.4 and S.6 of the POCSO Act.

8. In course of trial, the prosecution examined as many as eight witnesses and exhibited two documents. The names of the prosecution witnesses and the exhibits are being shown hereunder in tabular form: -
List of Prosecution witnesses
PW - 1 Mother of the Victim
PW - 2 Victim
PW - 3 Informant / Father of the Victim
PW - 4 Cousin Brother of the Father of the Victim
PW - 5 Dilip Das
PW - 6 Dr. Rama Jha
PW - 7 Dr. S.C. Roy
PW - 8 Ravindra Kumar Singh
List of Exhibits on behalf of Prosecution
Exhibit '1' Written application
Exhibit '2' Medical report of the victim

9. Thereafter, the statement of the appellant was recorded under S.313 of the CrPC. He took a plea that he is innocent. The defence has not adduced any oral or documentary evidence.
Findings of the Learned Trial Court

10. Learned trial court after analysing all the evidences available on the record found that the victim (PW - 2) has stated that this appellant had come, asked her father's name and took her in his lap and brought her to the 'Dhaniya' field where he opened her undergarment, gagged h