1. Heard.

2. Appeal is admitted.

3. The appellant herein is convicted of the offence punishable under Section 354 of the Indian Penal Code and sentenced to suffer rigorous imprisonment of one year and fine of Rs.1,000/-, in default of payment of fine, simple imprisonment for two months. The appellant is also convicted for an offence punishable under Section 7 read with 8 of Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment for three years and a fine of Rs.2,000/-, in default of payment of fine, simple imprisonment for three months by the Additional Sessions Judge, Court No. 4, Pune in Special Case (POCSO) No.227 of 2017 vide judgment and order dated 11th April 2018. Such of the facts necessary for the decision of this appeal are as follows :

It is the case of the prosecution that on 27th March 2017 at about 9.15 pm., Ms. “X”, aged about 4 years had left her house alongwith her brother aged about 11 years to buy sweets. When she returned home, she was crying. Upon enquiry, she had disclosed to her mother that the present appellant had tried to gag her mouth and she felt hurt. The brother of the victim-minor girl, who had accompanied her returned home 10 minutes after the victim had returned home, however, he had not disclosed anything to his mother. In the meanwhile, the uncle of victim namely Akram Nayab had disclosed to the mother of victim-minor girl that he had seen the accused/appellant gagging the mouth of victim and attempting to take her alongwith him. That he had raised hue and cry and therefore the accused had released the victim and rushed to his house. The mother of the victim-minor girl alongwith witness Akram Nayab and others rushed to the house of the accused/appellant and had taken him to Khadak police station and lodged a report.

4. On the basis of report lodged by the mother of victim-minor girl, Crime no.141 2017 was registered against the accused for the offence punishable under Section 354 of Indian Penal Code and Section 7 read with 8 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act”). The appellant was shown to be arrested on 28th March 2017 and since then he has been in custody.

5. After completion of investigation, the charge-sheet was filed. The case was committed to the Special Court and registered as Special Case (POCSO) No. 227 of 2017. The prosecution has examined five witnesses to bring home the guilt of the accused.

6. PW-1, Ms. “X” happens to be the victim. All that she has stated before the Court is that on the day of the incident, she had been to a shop alongwith her brother for bringing sweets and at that time the accused/appellant had gagged her mouth and was trying to take her home. Her uncle Akram had seen the incident. He raised shouts and thereafter she was taken home by her uncle. She had deposed before the Court that her statement was recorded by a lady police and at that time, she was accompanied by her parents. She had admitted in the cross-examination that there was a quarrel between her father and Kalu. She has further admitted that after purchasing sweets, her brother, Awez had dropped her at their house. She had denied the suggestion that many people had gathered on the spot by hearing her shouts. She had denied the suggestion that she has been tutored.

7. PW-2, Naziya Israr Shaikh, who happens to be the mother of victim-minor girl has deposed before the Court that on 27th March 2017, the victim-girl had been to purchase sweets alongwith her brother, she returned home by crying and upon enquiry, she had refused to disclose anything. However, after some time, Akram had come home and informed that the victim-girl has been rescued by him when she was being taken by the accused-appellant. It is further deposed that the mother of victim had been to the house of the accused/appellant alongwith family members and thereafter he was taken to the police station. She has proved the conten