SIDDHARTH MRIDUL, J.

1. The present appeal under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C') assails the judgment and order of conviction and order on sentence dated 30.05.2018 and 05.06.2018 respectively, in Sessions Case No. 21/2013, titled as 'State vs. Jitender Sharma s/o Sh Om Prakash Sharma', emanating from FIR No. 19/2013 (hereinafter referred to as the 'subject FIR') under Section 376/328 of the Indian Penal Code, 1860 and under section 4/6 of the Protection of Children from Sexual Offences Act, 2012 registered at Police Station - Begumpur, Delhi.

2. By way of the impugned judgment and order of conviction and order on sentence dated 30.05.2018 and 05.06.2018 respectively, Jitender Sharma (hereinafter referred to as 'Appellant') was convicted for the offences under the provision of section 10 read with section 9 (m)(n) of The Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO') and sentenced to Rigorous imprisonment for period of seven years along with a fine of Rs. 5,000, as well as, under section 328 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') to Rigorous imprisonment for period of five years along with a fine of Rs. 5,000. In default of payment of fine, the Appellant has been sentenced to undergo simple imprisonment for a further period of one month. However, the benefit of the provision under section 428 Cr.P.C has been granted to the appellant. Both sentences were ordered to run concurrently.

3. The gravamen of the charge, for which the appellant has been convicted, is for having committed rape upon his own daughter/the prosecutrix, a girl aged about 8 years, at the time of commission of the offence.

4. The facts of the case as borne out from the record are that on 17.01.2013 vide DD No.26A, a PCR call was recorded regarding rape by father with his own daughter, aged 8 years, at H.No B-1970, Kashmiri Block, Jain Nagar, Delhi. SI Dinesh along with Ct. reached the house where they met the mother of the victim who reported the rape committed by her accused husband, on their two minor daughters, V aged 8 years and M aged 13 years. NGO was called and victims were taken to SGM hospital where they were medically examined. The complainant S, PW-13, gave her statement that she is a house wife and has four daughters and a son and her husband runs a factory. On 11.01.2013, her husband committed wrong act with daughter V after taking her to some other room of their residential dwelling, and also threatened her not to tell anything to anyone or else she will be killed. On 13.01.2013 when she was cleaning the house, she found one blood stained underwear of V under the bed. On inquiry from the prosecutrix PW-3, told by the latter that her father lifted her from the bed in the night and lay her on a sofa and gave her a tablet after which she began feeling sleepy, and then he inserted his 'shushu wali jagah' in her 'shushu wali jagah'; and when the prosecutrix felt pain, her father again brought her back to the bed. PW-3 stated that she conferred about this incident with her family members and did not report the commission of the offence to the police at that stage, but when her elder daughter M, who was living with her maternal grandmother came and informed her that, her father committed wrong act with her as well, which the former did not disclose because of fear, the complainant came to Police Station and lodged the subject FIR. After medical examination of the victim, her exhibit (one underwear having darker stains) was seized and her statement u/s 164 Cr.P.C. was recorded. IO collected the date of birth proof of the victim and sent samples to Forensic Science Laboratory (hereinafter referred to as 'FSL'). The accused was arrested and was medically examined; and while awaiting FSL result, the present chargesheet was filed.

5. By way of order dated 20.05.2013, charge was framed against the appellant for offence u/s 6