JUDGMENT :

PRITHVIRAJ K. CHAVAN, J.

1. By this appeal, the appellant challenges the judgment and order dated 30th June, 2018 passed by the learned Special Judge under the Protection of Children from the Sexual Offences Act, 2012 (for short ‘POCSO’) wherein he has been convicted under section 6 of the POCSO Act and is sentenced to suffer rigorous imprisonment for ten years with a fine of Rs. 1,000/- in default, to suffer simple imprisonment for 30 days.

2. The appellant has also been convicted of an offence punishable under section 342 of the Indian Penal Code (for short I.P.C.) and sentenced to suffer rigorous imprisonment for one year.

3. The appellant came to be acquitted of the offences punishable under section 10 of the POCSO Act and under sections 376, 366 (A) of the I.P.C. The appellant has been directed to pay compensation of Rs. 25,000/- to the victim as per section 33(8) of the POCSO Act.

4. As per Rule-33 (7) of the POCSO Act, identity of the victim as well as all the family members, relatives, neighbourhood or any other information by which identity of the victim is revealed is required to be concealed. I, therefore, refer the important witnesses as:

5. The prosecution case, as emerged from the record is as follows:

It was 18th April, 2015 when five and half years old victim residing at Sulochana Bai Chawl, K.B.M. Compound, Powai, Mumbai went to play with a small boy namely Babu in the neighbourhood. PW-3-M is a relative of informant PW-1-P. The victim is the daughter of the informant “P.” PW-6-G.R. a 16 year old boy asked PW-3-M to see what the appellant was doing. When PW-3-M went at the backside of the house of one Sawant and peeped in the house through a space in the door, to her shock, she noticed that the victim was made to lie on the ground in a prone position while the appellant was lying on her person. PW-3-M suspected some foul play and, therefore, she knocked the front door and raised shouts by calling the victim's name. The victim came out after five minutes. PW-3-M took her to her home and asked as to what the appellant was doing. The victim told PW-3-M that when she went in search of Babu for playing, the appellant took her in the house, bolted the door from inside and then pulled her slacks down and made her lie in prone position on the ground. He put his penis in her anus and was moving it. She further said that the appellant called her on the pretext that he will show her songs on his mobile. The appellant was residing in the house of his maternal aunt namely Mrs. Sawant who is residing in front of the house of PW-3-M. PW-3-M immediately asked brother of the victim to call his mother. When victim's mother “P” (informant) came to the house, PW-3-M narrated the incident to her. The victim had again narrated entire facts to her mother. Someone called the Police who came over there and took away the appellant.

6. F.I.R. bearing No. 163 of 2015 (Exhibit 12) came to be registered at Police Station, Powai against the appellant under sections 377 and 342 of the I.P.C. and under sections 4, 8 and 12 of the POCSO Act.

7. PW-10 Samir Mujawar was attached to Powai Police Station as P.S.I. at the relevant time. The informant “P” approached the Police Station along with the victim. The lady Police Inspector recorded the statement of the informant “P.” PW-10-Samir Mujawar rushed to the spot and drew a spot Panchnama. He recorded the statement of PW-3-M who had shown the spot. The spot Panchnama is at Exhibit 16. The statement of the victim “G” also came to be recorded. Clothes of the appellant were seized under seizure panchnama. Clothes o