JUDGMENT :

Hima Kohli, J.

1. The appellant has assailed the judgment and order on sentence dated 16.05.2018 and 19.05.2018 respectively passed by the Court of the learned ASJ-01/Special Judge, POCSO Act, North, Rohini, Delhi in Sessions Case No. 58941/16 arising from FIR No. 80/2016, registered at Police Station: Alipur under Section 377 IPC and under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act'). In the impugned judgment, the appellant has been convicted for the offence of aggravated penetrative sexual assault on the victim, who is a minor boy aged 4 years, which is punishable under Section 6 of the POCSO Act and for the offence punishable under Section 377 IPC. By the order on sentence dated 19.05.2018, observing that the punishment under Section 6 of the POCSO Act is more stringent than the punishment prescribed under Section 377 IPC, the learned ASJ has awarded a sentence of rigorous imprisonment for life alongwith a fine of Rs. 30,000/- under Section 6 of the POCSO Act. In default of payment of fine, the appellant has been directed to undergo simple imprisonment for 90 days.

2. The facts of the case as gathered