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 accom