JUDGMENT

S.P. Garg, J.—Challenge in this appeal is to a judgment dated 09.05.2014 of learned Additional Sessions Judge in Sessions Case No.141/13 arising out of FIR No.344/13 PS Subhash Place whereby the appellant-Pramod Kumar was convicted for committing offences punishable under Sections 363/341/323 IPC and Section 7 POCSO Act punishable under Section 8 of POCSO Act. By an order dated 17.05.2014, the appellant was awarded Rigorous Imprisonment for three years with fine of ‘3,000/- under Section 363 IPC; Simple Imprisonment for one month with a fine of ‘500 under Section 341/323 IPC each; Rigorous Imprisonment for five years with fine of Rs. 5,000/- under Section 8 of POCSO Act. All the sentences were to run concurrently.

2. Briefly stated, the prosecution case as reflected in the charge sheet was that on 31.07.2013 in between 12.15 to 12.45 pm at G-560, Fourth Floor, J.J. Colony, Shakurpur, Delhi, the appellant kidnapped the prosecutrix ‘X’(changed name) aged about 6/7 years from the lawful guardianship of her mother and confined her in his room wrongfully. It is alleged that in the room, the appellant kissed her face and breast, made her to sit on his lap and attempted to remove