JUDGMENT

1. The appellant has challenged the judgment and order dtd. 29/11/2018 passed by the Designated Judge for POCSO, Greater Bombay in POCSO Special Case No.497/2014. The appellant was convicted for commission of offence punishable under Sec. 376(2) of the Indian Penal Code and was sentenced to suffer RI for ten years and to pay fine of Rs.15,000.00 and in default of payment of fine to suffer RI for four months. The appellant was also convicted for commission of offence punishable under Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and was sentenced to suffer RI for ten years and to pay fine of Rs.15,000.00 and in default of payment of fine to suffer RI for four months. On payment of the fine amount, it was directed to be paid to the victim. The substantive sentences were directed to run concurrently. The appellant was granted set-off under Sec. 428 of Cr.P.C.

2. The prosecution case is that the appellant was residing in the neighbourhood of the victim. The date of birth of the victim was 17/3/2008. The incident is dtd. 25/9/2014. The appellant's sister and the victim were friends. On the date of incident, the appellant took the victim to his h