JUDGMENT :

SHIVASHANKAR AMARANNAVAR, J.

1. This appeal is filed by the sole accused praying to set aside the judgment of conviction and order on sentence dated 04.05.2019 passed in Spl.C. No. 201/2018 by the VI Additional District and Special Judge, Mysuru, whereunder this appellant - accused has been convicted for offence under Section 376(2)(l) read with Section 5 11 of IPC and Section 5 (k) read with Section 18 of the POCSO Act and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs.30,000/- for offence under Section 5 (k) read with Section 18 of the POCSO Act and no separate sentence has been passed for offence under Section 376(2)(l) read with Section 5 11 of IPC in view of Section 42 of the POCSO Act.

2. Factual matrix of the case is, that P.W.1 – uncle of the victim girl has filed first information stating that on 24.01.2018 when he returned to house, he heard the babbling of his brother’s disabled daughter – victim girl from the backyard of the house. He went there and found that appellant - accused was holding the victim girl from back side and was making attempt to commit sexual act on her. He scolded the appellant - accused and resc