(1.) The present appeal has been filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as 'Code') challenging the judgment of conviction dtd. 17/2/2020 and order of sentence dtd. 25/2/2020 passed by learned Additional District and Sessions Judge-Ist, Supaul in POCSO 08/2018 (CIS-04/2018), arising out of Mahila P.S. Case No. 30 of 2018, whereby the concerned Trial Court has convicted the present appellant for the offences punishable under Sec. 376(D)/341/323 of the Indian Penal Code (hereinafter referred as the I.P.C.) and Sec. 4/6 of the POCSO Act and sentenced him to undergo R.I. for 1 month under Sec. 341 of the I.P.C., R.I. for 1 year under Sec. 323 of the I.P.C., R.I. for life till his last breath under Sec. 376(D) of I.P.C. and a fine of Rs.1.00 lakh and no sentence under Ss. 4/6 of the POCSO Act has been passed because severe punishment has been awarded under I.P.C.
(2.) The prosecution case, in a nutshell, is as under:-
(3.) Heard Mr. Arun, learned counsel for the appellant assisted by Mr. Anjani Parashar, Ms. Kanika and Mr. Dhananjay Kumar Tiwary and Mr. Bipin Kumar, learned A.P.P. for the Respondent-State.