S.P. GARG, J.

1. Aggrieved by a judgment dated 12.04.2016 of learned Additional Sessions Judge in Sessions Case No. 192/14 arising out of FIR No. 402/14 registered at Police Station Bharat Nagar by which the appellant Hunny was held guilty for committing offences punishable under Sections 363/323 IPC and Section 10 POCSO Act, the instant appeal has been preferred by him.

By an order dated 19.04.2016, the appellant was sentenced to undergo Rigorous Imprisonment for five years with fine Rs. 5,000/- under Section 10 POCSO Act; Rigorous Imprisonment for two years with fine Rs. 1,000/- under Section 363 IPC and Simple Imprisonment for one month with fine of Rs. 500/-, under Section 323 IPC. The sentences were to operate concurrently.

2. Briefly stated the prosecution case as set up in the charge-sheet was that on 21.07.2014 at around 9.00 am, the appellant kidnapped the prosecuritex/victim ‘X’ (changed name), aged around five years from the lawful guardianship of her parents when she was going along with her brother to her school. The appellant after kidnapping took the child to Police Colony, Narela with an intent to force/seduce her for illicit intercourse. The appellant sexual