JUDGMENT :

1. By way of instant appeal convict original accused is assailing the judgment and order passed by Additional Sessions Judge, Shahada in Sessions Case No.51 of 2016 holding appellant guilty for offence under Section 376(2)(m) of the Indian Penal Code (IPC) and Section 6 read with 5 of the Protection of Children from Sexual Offences Act (the POCSO Act) and to pay fine respectively.

FACTS LEADING TO THE TRIAL ARE AS UNDER

2. Akkalkuwa Police Station chargesheeted appellant for above offence alleging that victim who was studying in 5th standard, went to attend tuition to the accused, a Tutor, on 12-09-2016. According to prosecution, after making other children leave, victim was directed to stay back by accused on the pretext of giving homework. When everybody left, he shut the door, remove his own clothes and directed victim also to get undressed. When she refused, he forcibly removed her clothes, made her sleep on the cot, moved and felt his hands over her breast, private parts and tried to insert his male organ in her private part.

3. The girl returned home and seeing her condition, on being asked, she narrated the act of accused and therefore, Police was approached and PW2 m