JUDGMENT

N B Suryawanshi, J. - The appellant by this appeal challenges his conviction under Sections 10 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and under Section 354-A (2) of the Indian Penal Code and the sentence of rigorous imprisonment for 5 years and 6 months and total fine of Rs.6,000/- was imposed on him with default clause by the learned Additional Sessions Judge, Amravati in Sessions Trial No.295/2016.

2. The prosecution case, in short, is that the appellant-accused, at the relevant time, was a teacher and was taking tuition of primary students at his house. On 4.10.2016 at about 6.00 pm, the victim and her five batch-mates attended the tuition at the house of the accused. A test of all the students was conducted by the accused. After assessment of the paper, the accused took the victim, aged about 10 years, in the inside room under the pretext that he would show her mistakes. In the room, after lifting the T-Shirt of the victim, the accused sucked the breast of the victim. The victim went to her house weeping and narrated the incident to her parents. Her father took her to the Police Station and lodged a report. On the basis of a report, C