JUDGMENT :

1. The present appeal is preferred under Section 374(2) Cr.P.C. by the appellant challenging the judgment on conviction dated 29.07.2015 and order on sentence dated 03.08.2015 passed by Addl. Sessions Judge, Delhi in SC No.154/13 arising out of FIR No.283/13 registered under Sections 376/323/341/506 IPC and Section 4/5(m)/6 POCSO Act at P.S. Mayur Vihar-I, Delhi.

2. The appellant was directed to undergo RI for 10 years with fine of Rs.2,000/- for the offence punishable under Section 6 of the POCSO Act. In default of payment of fine, he was directed to undergo SI for 3 months. The appellant was granted the benefit of Section 428 Cr.P.C.

3. The trial court noted the prosecution case, as under:

“1. The prosecution story as per final report under section 173 Cr. P.C runs to the effect that as on 15.08.13 one Smt. Chandana W/o. Amit Yadav (mother of the victim and wife of accused Amit Yadav) had lodged an FIR against her own husband Amit Yadav stating therein that she got married 12-13 years ago with a person named as Subhash who used to reside in village Chilla(UP) and out of the said wedlock, two children were born i.e. one girl child aged about 9 years (victim herein) and one