JUDGMENT :

The Judgment and Order dated 09/10.06.2016 passed by the Court of Principal District and Sessions Judge at Chamarajanagar, in Special Case No.80/2014 is under challenge in this appeal, preferred by the accused.

2. By the impugned Judgment, the learned Sessions Judge has convicted and sentenced the accused/appellant for offence punishable under Sections 5(j)(ii) and (l) r/w 6 of the Protection of Children from Sexual Offences Act, 2012 [hereinafter referred to as ‘POCSO Act’ for short] and Section 376(2)(j) and (n), 420 and 506 of IPC.

3. Heard the learned counsel for appellant and the learned HCGP for respondent State and perused the evidence and material on record.

4. At the outset, it is relevant to mention that the trial Court has passed sentence against the accused under the POCSO Act as well as under Section 376(2)(j) and (n) of IPC. In view of Section 42 of the POCSO Act, if the offender is found guilty of an offence under the said Act or under the Indian Penal Code as mentioned in the said provision, he shall be liable to punishment for any of the offence as provides for punishment which is greater in degree. Hence, passing sentence for both the offences under Section