JUDGMENT :

VINAY JOSHI, J.

1. Heard.

2. The challenge in this appeal is to the judgment and order of conviction in Special (POCSO) Case No. 85/2016 dated 03.01.2020 by which the appellant/accused was held guilty for the offence punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (short ‘POCSO Act’) Section 354 and 506 of the Indian Penal Code.

3. The Trial Court has imposed sentence to undergo rigorous imprisonment for three years along with fine of Rs. 500/- with default clause for the offence punishable under Section 8 of the POCSO Act. However, the Trial Court has not imposed separate sentence for the offence punishable under Section 354 of the Indian Penal Code by virtue of Section 42 of the POCSO Act. Besides that the accused has been sentenced to pay fine of Rs. 500/- for the offence punishable under Section 506 of the Indian Penal Code.

4. The prosecution case in nutshell is that the victim girl aged 15 years had lodged report on 16.04.2015 regarding the occurrence. She stated that on that day, around 08.00 p.m. there was religious procession in their village. Several young boys and girls including victim participated in the procession and were