Anu Malhotra, J.

The appellant Dinesh Chand son of Sh. Moti Lal vide the present criminal appeal i.e. CRL.A.330/18 assails the impugned judgment dated 05.01.2018 of the learned ASJ-01-cum-Presiding Officer-Special Court, East in Sessions Case No.1140/16 in relation to FIR No.669/13, PS Kalyan Puri, vide which he was convicted for commission of offences punishable under Section 367/377 and Section 6 of the Protection of Children from Sexual Offences Act, 2012. The appellant has also assailed the impugned order on sentence dated 09.01.2018 of the said learned Trial Court whereby the convict i.e. the appellant herein was sentenced to undergo minimum rigorous imprisonment for a period of 10 years and was directed to pay a fine of Rs. 5,000/- u/s 6 of the Protection of Children from Sexual Offences Act, 2012, and in case of non-payment of fine, he would undergo further two months simple imprisonment in default; further the convict i.e. appellant herein was sentenced to undergo rigorous imprisonment for a period of 10 years and was directed to pay fine of Rs. 5,000/- for the offence punishable u/s 377 Indian Penal Code, 1860, and in case of non-payment of fine, to undergo further two months simple imprisonment in default and the convict i.e. the appellant herein was sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs.5,000/- qua the offence punishable u/s 367 Indian Penal Code, 1860,and in case of nonpayment of fine, to undergo further two months simple imprisonment in default with it having been directed that the fine on being recovered was to be paid to the victim child as compensation under Section 357(1) of the Cr.P.C., 1973 with the benefit of Section 428 of the Cr.P.C., 1973 having been given to the convict i.e. the appellant herein with directions that all the sentences would run concurrently. Apart from the same, the victim was also directed to be provided additional compensation under Rule 7(2) of the Protection of Children From Sexual Offences Act, 2012, Rules read with Section 33(8) of the Protection of Children From Sexual Offences Act, 2012,out of funds maintained by the DLSA under the Victim Compensation Scheme for the mental torture and agony suffered by her due to offence committed by the convict i.e. the appellant herein.

2. Notice of the appeal was issued to the State. The Trial Court Record was requisitioned and has been received and perused. The nominal roll was called for from the Superintendent Central Jail, Tihar, New Delhi which has been received and indicates that as on 29.01.2019, the appellant had undergone one year, 5 months and 3 days of incarceration and had to undergo 8 years 3 months and 27 days of incarceration in the event of the fine not being paid.

3. The charges qua allegations levelled against the appellant framed on 15.02.2014 were to the effect that on 10.11.2013 between 3.00 PM to 4.30 PM, the convict i.e. appellant herein had kidnapped the victim (X) son of (Y) aged 6 years from the Second Block Trilokpuri, Gas Agency Road with intent to subject him to his unnatural lust and had committed carnal intercourse with the child against the order of nature with an alternative charge framed against the appellant of an aggravated penetrative sexual assault on the child.

4. The accused/convict i.e. the appellant herein pleaded not guilty to the said charge and claimed trial. The police report under Section 173 of the Cr.P.C., 1973 filed by the State indicates that the DD No.40A was registered on 11.11.2013 at 20.45 hours that there was information given by ESO Operator that at 1/395, Trilokpuri, the person who had committed a wrong act (Galat Kaam) with a boy, had been apprehended and thus SI Anil Kumar along with the beat staff was deputed to inquire into the same and thus, reached the spot and found that beat staff Constable Sandeep No.2872/E along with the victim (X) and his father (Y) had gone to the LBS Hospital and thus, SI Anil Kumar went to the sai