Chander Bhusan Barowalia, J. - (1.)The present appeal is maintained by the appellant/accused/convict (hereinafter referred to as "the accused"), laying challenge to judgment dated 05.07.2017, passed by learned Special Judge, Bilaspur, District Bilaspur, H.P., in Sessions Trial No. 1/7 of 2016, C No. 1 of 2016, whereby the accused was convicted and sentenced for the commission of offences punishable under Sections 376 and 506(ii) of Indian Penal Code, 1860 (for short "IPC") and Sec. 6 of the Protection of children from Sexual Offences Act, 2012 (hereinafter referred to as "POSCO Act").
(2.)The factual matrix of the prosecution case can tersely be summarized as under:
On 22.08.2015, in the morning hours, within the premises of District Government Hospital, Bilaspur, the accused, being in the management staff of the hospital committed rape on the prosecutrix, who was less than 18 years of age. The accused also intimidated the prosecutrix to eliminate her and her family members, in case she divulge the incident to anyone. On the anvil of the statement of the prosecutrix made to the police under Sec. 154 Crimial P.C. a case was registered against the accused and the investigation ensued. The prosecutrix, in her statement made under Sec. 154 Crimial P.C. stated that she is 13 years old and studying in 9th standard in Government High School, Bhager. On 22.08.2015, at the instance of her mother, who was ill, she went to Government Hospital, Bilaspur, for bringing medicines for her mother. The prosecutrix has further stated that she was acquainted with the accused, as she used to tie 'rakhi' to the son of the accused and he is resident of their village. As per the prosecutrix, the accused took her to a room in the hospital, where he committed rape on her and he threatened her to do away with her life in case she divulges the incident to anyone. The prosecutrix has further stated that on 12.08.2015 and 17.08.2015 one Kuldeep also assaulted her and the matter was reported to the police, but on that day, due to fear, she could not lodge report against the accused. Police got the accused medically examined and his medico legal certificate was obtained. Police recorded the disclosure statement of the accused made under Sec. 27 of the Indian Evidence Act and the accused got identified the spot of occurrence in presence of Shri Sohan Lal and Shri Madan Gopal. The prosecutrix was also medically examined and her medico legal certificate was also obtained. Police prepared the spot maps and photographs of the spot were clicked. Records qua date of birth of the prosecutrix were obtained from Secretary, Gram Panchayat, Amarpur, and Headmaster, Government High School, Bhager. After receipt of the report of the forensic analysis of the samples and completing all other formalities, challan was presented in the Court.

(3.)The prosecution, in order to prove its case, examined as many as twenty two witnesses. Statement of the accused was recorded under Sec. 313 Crimial P.C. wherein he pleaded not guilty. The accused did not lead any evidence in his defence.