JUDGMENT :

Assailing the judgment, dated 30.09.2016, passed in Special Sessions Case No.9 of 2016 on the file of the Special Judge under Protection of Children from Sexual Offences Act-cum-I Additional District and Sessions Judge, West Godavari, Eluru, whereby the appellant, who is the sole accused in the said case, was convicted for the offence punishable under Section 5(m) r/w. Section 6 of the Protection of Children from Sexual Offences Act, 2012, (for short, the “POCSO Act”), r/w. Section 376(2)(i) of IPC and was sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.5,000/-, and, in default of payment of fine, to undergo simple imprisonment for a period of three months, for the aforesaid offence, the instant Criminal Appeal has been preferred by the appellant.

2. Facts germane to dispose of this Criminal Appeal, as unfolded from the evidence of the prosecution witnesses examined in the case during the course of trial, may, briefly, be stated as follows:

(a) PW.2 was minor at the time of the commission of the offence and was aged about 6 years at that time. She is the daughter of PW.1. The accused is the resident of the same village and was residing at Somalamma Pet of Gowripatnam village, Deverapalli Mandal. He is residing alone in his house. His wife has been residing separately from him. PW.1 along with her husband and children has been also residing in the same vicinity near to the house of the accused. She got three children. PW.2 is one of her daughters.

(b) On 03.06.2015 at about 4.30 p.m., the two daughters of PW.1 i.e., her elder daughter and the victim girl PW.2, along with other children of the locality, have been playing in a vacant site located behind the house of PW.1. At that time, the accused came to that place and offered chocolates to the children playing at that place and lured them. Other children went away from the said place. But, PW.2, who is the victim girl, who is a minor, followed him as he lured her by offering chocolates to the said child and he took her into his house. Thereafter, the accused made her lie near the hearth in his house and lifted her skirt and laid on the minor girl, PW.2, and did an activity on the minor girl.

(c) The elder sister of PW.2, who was also a minor girl, who went away along with other children after the accused lured them by offering chocolates to them, went and informed to her mother, who is PW.1, that the accused took PW.2 into his house by offering chocolates to her. Suspecting some danger to her minor daughter PW.2, PW.1 immediately rushed to the house of the accused and when she went into the house of the accused, she saw the accused lying on her minor daughter PW.2. Immediately, when she raised shouts, the accused got up and pushed PW.1 aside and ran away from his house. PW.1 checked the clothes and private parts of her minor daughter PW.2. She found semen stains on her stomach and skirt and found that the accused committed aggravated penetrative sexual assault on the victim girl. She immediately, brought PW.2 to her house and informed the said fact to the neighbours and relatives. PW.1 took her minor daughter PW.2 to the hospital.

(d) On receipt of intimation from the Medical Officer on Duty, Pw.9, who is the Head Constable of Devarapalli Police Station, went to the hospital and recorded the statement of PW.1. On the basis of the said statement, he registered a case in Crime No.79 of 2015 of Devarapalli Police Station, against the accused for the offence punishable under Section 376(2) of IPC and Section 5(m) r/w.Sec.6 of the POCSO Act. Thereafter, PW.10, who is the Inspector of Police, took-up investigation in this case. On the instructions of PW.11, PW.8, a woman constable, recorded the statement of the victim girl, who is a minor, examined as PW.2. Thereafter, PW.11, who is the Investigating Officer, examined the scene of offence in the presence of mediators and also examined the witnesses and recorded their statements. He ha