JUDGMENT (ORAL)

Sanjay Karol, C.J.—The present accused-appellant stands convicted for having committed an offence punishable under Section 363 of Indian Penal Code (hereinafter referred to as IPC) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act). In relation to an offence under IPC, he stands directed to undergo rigorous imprisonment for a period of 1(one) year and pay fine of Rs.1,000/- (rupees one thousand) and in default thereof, simple imprisonment for a period of 1(one) month; and in relation to an offence under POCSO Act, he stands directed to undergo rigorous imprisonment for a period of 7(seven) years and pay fine of Rs.1,000/- (rupees one thousand) and in default thereof, simple imprisonment for a period of 1(one) month.

2. Briefly stated, it is the case of the prosecution that on 28.12.2013, the accused-appellant, forcibly took away the prosecutrix in a vehicle and made her spend the night in the house of his relative. The following day, she was taken to the forest where she was subjected to sexual assault. Finding his daughter not to return home from her private tuition, Sri Badal Das Choudhury (PW-6), fath