JUDGMENT : Rajiv Sharma, J. This appeal is instituted against the judgment/order dated 1.12.2014/2.12.2014 rendered by the Judge, Special Court, Una in Sessions Trial No. 30/2014, whereby the appellant-accused (hereinafter referred to as the “accused” for convenience sake), who was charged with and tried for offences punishable under section 6 of the Protection of Children from Sexual Offences Act No.32 of 2012, under sections 376, 506, 323 and 201 of the Indian Penal Code has been convicted and sentenced to imprisonment for whole of his life and to pay a fine of Rs. 10,000/- for the offence punishable under section 6 of Protection of Children from Sexual Offences Act No.32 of 2012 and in default of payment of fine he was further directed to undergo simple imprisonment for six months. He was further sentenced to rigorous imprisonment for six months and to pay a fine of Rs. 1,000/- for the offence punishable under section 323 of IPC and in default of payment of fine he was further directed to undergo simple imprisonment for one month. He was also sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 2,000/- each for the offences punishable under sections 506 and 201 of IPC and in default of payment of fine, he was further directed to undergo simple imprisonment for two months each. All the sentences were ordered to run concurrently. 2. Case of the prosecution, in a nutshell, is that accused was living in a Kutia (cave) in the forest of village Saloh, Tehsil Haroli, District Una. The victim was 9 years old. About 3 years back, one Kastoori Nath, resident of Haridwar, alleged God father of victim, left the victim with the accused. Accused got the victim admitted in the Government Primary School, Saloh. On 11.4.2014, Ashwani Kumar, Pradhan, Gram Panchayat, Saloh gave information to Police Post, Pandoga through his mobile phone that the victim was being sexually harassed by the accused. Rapat Ex.PW-7/A was registered. The victim got her statement recorded under section 154 Cr.P.C. to the effect that for the last 4 years she was living with her God uncle accused Digamber Nath. She was student of 4th standard. Accused used to give her beatings and threatening for doing bad act (vaginal penetrative assault) with her. About a month back, he stripped off his and her clothes and did bad act with her. She was student of 4th standard. Accused used to give her beatings and threatening for doing bad act (vaginal penetrative assault) with her. About a month back, he stripped off his and her clothes and did bad act with her. The accused threatened her not to tell about this act to anybody otherwise she would be killed by him. According to the victim, last night also accused stripped off his clothes and asked her too to strip off the clothes and when she refused to do so accused gave her beatings and ousted her from the Kutia. FIR Ex.PW-19/A was registered. The victim was medically examined at R.H. Una. The Radiologist opined the age of the victim between 9-10 years. Statement of the victim was also recorded under section 164 Cr.P.C. Blood samples of accused as well as victim were taken for D.N.A. test. The police investigated the case and the challan was put up in the Court after completing all the codal formalities. 3. Prosecution examined as many as 23 witnesses in all to prove its case against the accused. Statement of accused under Section 313 Cr.P.C. was recorded. According to him, the villagers wanted to oust him from the village and once they had also set his Kutia on fire. He has been falsely implicated in the case. Learned trial Court convicted and sentenced the accused as noticed hereinabove. Hence, this appeal. 4. Mr. H.S. Rangra, learned counsel for the accused, has vehemently argued that the prosecution has failed to prove its case against the accused. 5. Mr. M.A. Khan, learned Additional Advocate General has supported the judgment passed by the trial Court. 6. We have heard the learned counsel for the parties and have gone through the record meticulously. 7. PW-1 Dr. Shivani has conducted the medical examination of the prosecutrix in the presence of lady constable Poonam. She issued MLC Ex.PW-1/B. In reply to the quarries raised in police request Ex.PW-1/A, she gave the following opinion: 1. “Intercourse has been done with the victim many times. 2. Last time it has been done yesterday night according to her. 3. No mark of external injury or struggle present anywhere on the body. 4. Intercourse has been done with her.” In her opinion, there was nothing to suggest that sexual intercourse has not taken place with her. 8. PW-2 is the prosecutrix (name withheld). 2. Last time it has been done yesterday night according to her. 3. No mark of external injury or struggle present anywhere on the body. 4. Intercourse has been done with her.” In her opinion, there was nothing to suggest that sexual intercourse has not taken place with her. 8. PW-2 is the prosecutrix (name withheld). Her statement was recorded on oath. She has deposed that Kasturi Nath was her God father. He told her that her real father and mother have died. She was residing with Kasturi Nath at Hardwar. About 3-4 years back, Kasturi Nath left her with the accused. She recognized the accused. She and accused used to reside in the Kutia. She was admitted in 1st class in Government Primary School, Saloh about 3-4 years back. Accused for the last 3-4 years was doing vaginal penetrative sexual assault upon her. Accused was threatening her to kill, if she disclosed to any one about the incident. On 10.4.2014, during night time, accused started teasing her. Thereafter, he committed sexual intercourse with her. Accused used to give her beatings. She was thrown out of Kutia. On the next day, she went to school. She was not feeling well. Her teacher Rajiv Kumar called her to play volleyball. She refused to play. She disclosed to him that accused was doing bad act with her. Rajiv took her to the office of Head Madam, Balbir Kaur. She disclosed the act of wrong doing of the accused with her to her Madam. Pradhan was also called. Police recorded her statement. She was taken to hospital for medical examination. She also disclosed about the wrong act to the doctor in the hospital. Her salwar and underwear were taken into possession. Her statement was also recorded before the Judicial Magistrate 1st Class, Una. Statement is Ex.PW-2/B. She has denied the suggestion that accused had quarreled with Pradhan, Gram Panchayat, Saloh and at his instance false case has been registered against the accused. 9. PW-3 Rajiv Kumar has deposed that on 11.4.2014 at about 9 a.m., students of 4th class were playing volleyball. He noticed that victim was in a sad mood. He asked about the reasons. She told that she has lost her parents and her uncle used to beat her and was doing bad acts with her. He took the victim to head teacher. 10. He noticed that victim was in a sad mood. He asked about the reasons. She told that she has lost her parents and her uncle used to beat her and was doing bad acts with her. He took the victim to head teacher. 10. PW-4 M.S. Balbir Kaur has deposed that PW-3 Rajiv Kumar came to her office along with PW-2. She was crying at that time. She told that accused used to give her beatings and on the last night, he had given her beatings and asked to remove the clothes. Accused used to commit wrong acts with her. She informed the Pradhan. He came to the school. 11. PW-5 Ashwani Kumar has deposed that he reached the school in the office of PW-4 Balbir Kaur. The victim was crying. The Head Teacher disclosed him the name of victim. She was student of 4th class. The victim had disclosed to her that her uncle used to do wrong things with her. He informed the police post Pandoga on telephone. He also joined the investigation. Demarcation of the Kutia was undertaken. 12. PW-6 Kasturi Nath has deposed that the victim was orphan 3-4 years ago. She started living with him and his wife. His wife died. Victim was interested to study. He had no means to provide education to her. He left the victim with accused about four years ago. Accused has raised a kutia in village Saloh near forest. The victim was residing with the accused. 13. PW-13 Dr. O.P. Ramdev has taken X-rays of various joints of the body of the victim. He has proved report Ext. PW-13/B. According to ossification and fusion of epiphysis of various bones, the age of victim was between 9-10 years. 14. PW-18 Dr. G.S. Didhra has medically examined the accused. He issued MLC Ext. PW-18/A. Accused was found capable of performing sexual act. 15. PW-21 Bishesh Kumar is the Investigating Officer. Rapat Ext. PW7/A was entered on the basis of the information received from Ashwani Kumar. Statement of prosecutrix was recorded. She was got medically examined. Accused was arrested. Site plan was prepared. Photographs of the spot were also taken. D.N.A. report is Ext. PW19/A. 16. PW-2 victim has categorically deposed the manner in which accused used to sexually assault her. He used to give her beatings. He had thrown her out of kutia. Statement of prosecutrix was recorded. She was got medically examined. Accused was arrested. Site plan was prepared. Photographs of the spot were also taken. D.N.A. report is Ext. PW19/A. 16. PW-2 victim has categorically deposed the manner in which accused used to sexually assault her. He used to give her beatings. He had thrown her out of kutia. Statement of the prosecutrix was also recorded under Section 164 Cr. P.C. vide Ext. PW-2/A. She has narrated the incident to PW-3 Rajiv Kumar. PW-3 Rajiv Kumar had taken the prosecutrix to PW-4 Balbir Kaur. The prosecutrix had disclosed to PW-4 Balbir Kaur the manner in which accused used to sexually assault her. PW-4 Balbir Kaur informed PW-5 Ashwani Kumar, Pradhan Gram Panchayat Saloh. PW-5 Ashwani Kumar has informed the Police on the basis of which FIR was registered. The age of the prosecutrix was between 9-10 years. The X-ray report is Ext. PW-13/B. PW-1 Dr. Shivani has categorically stated that sexual intercourse has been done with the victim. Hymen was ruptured. Tenderness was present. Vagina easily admitted two fingers. 17. The prosecution has conclusively proved that accused was sexually exploiting the girl aged between 9-10 years. It was the duty of the accused to protect her instead of exploiting her. 18. Accordingly, in view of the analysis and discussion made herein above, there is no merit in the appeal and the same is dismissed.