JUDGMENT :

A.S. GADKARI, J.

1. The Appellant has questioned correctness of Judgment and Order dated 5th March, 2016, passed in Sessions Case No. 49 of 2014 by the learned Special Judge under POCSO Act, Greater Mumbai, convicting the Appellant under Section 4 of The Protection of Children from Sexual Offences Act, 2012 (for short, “the POCSO Act”) and is sentenced to suffer rigorous imprisonment for Ten years and to pay fine of Rs. 2,000/- in default of payment of fine, to further suffer simple imprisonment for One month and under Section 366(A) of the Indian Penal Code (for short “IPC”) and is sentenced to suffer rigorous imprisonment for One year and to pay a fine of Rs. 1,000/- in default of payment of fine, to further suffer simple imprisonment for One month. As the Appellant has been convicted under Section 4 of the POCSO Act, the Trial Court has not punished him separately for the offence punishable under Section 376 of the IPC, as per the provision of Section 42 of the POCSO Act. The Trial Court has directed that, the substantive sentences imposed upon the Appellant to run concurrently.

2. Heard Mr. Rajput learned counsel for the Appellant and Smt. Ambekar, learned APP for the S