JUDGMENT

1. The Appellant herein has assailed the judgment dtd. 01/04/2019 in POCSO Special Case No.328/2017. By the impugned judgment, the learned Designated Judge under Protection of Children from Sexual Offences (POCSO) Act, 2012, Greater Bombay has held the Appellant guilty of offences punishable under Ss. 354, 354-A r/w. 34 of the Indian Penal Code and Sec. 10 of POCSO Act, 2012. He has been sentenced to undergo rigorous imprisonment for five years with fine of Rs.10,000.00 in default to undergo rigorous imprisonment for one month for offence punishable under sec. 10 of POCSO Act. No separate sentence has been imposed for offences under Sec. 354 and 354-A of the Indian Penal Code.

2. It is the case of the prosecution that the Appellant herein was engaged to paint a room of one Shaikh Mohd. Rafique (PW6). On 11/05/2017, at about 09:30 p.m., the victim (PW2) complained to her mother (PW1) that she was having pain in her private part. On the same night, when PW1 took the victim to the washroom for bath, the victim told her not to apply soap on her private part. Upon inquiry, the victim informed PW1 that when she had gone to the room of PW6 - Shaikh Mohd. Rafique, the painter made