JUDGMENT

Sangita Dhingra Sehgal, J. - Present appeal arise out of judgment dated 27.07.2018 and order of sentence dated 30.07.2018 passed by the Learned Additional Sessions Judge-01, Special Court (POCSO), South District, Saket Courts in Sessions Case No. 6913/2016, in FIR No. 528/2012, registered under Sections 376 /506 of the INDIAN PENAL CODE (hereinafter referred to as ''IPC'') read with Sections 4 /5(l)(m)(n)/6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ''POCSO'') at Police Station Sangam Vihar, whereby the learned Sessions Judge found the appellant-accused guilty and sentenced him as follows:

"Hence, in my considered opinion, the convict does not deserve any leniency and interest of justice would be met if the convict is sentenced to undergo rigorous imprisonment as under:-

(1). Rigorous imprisonment for "Life " for the commission of the offence punishable under section 6 of the Protection of Children from Sexual Offences POCSO Act, 2012 (Act 32 of 2012), and to pay fine in the sum of Rs. 25,000/-(rupees twenty five thousand only).

(2). Rigorous imprisonment for a period of seven (07) years for the commission of the offence punishable under section 506 Part-II of the INDIAN PENAL CODE .

[7] Since, the convict is awarded sentence under section 6 r/w section 5(1) & (n) of the Protection of Children from Sexual Offences Act, 2012, hence no separate sentence is awarded to him for offence punishable under Section 376 of the INDIAN PENAL CODE

[8] Ordered accordingly. All the sentences shall run concurrently."

2. The facts, as elaborated by the trial court are extracted in extenso, as follows: -

"[2] The brief facts of the case are that on 22.12.2012, when Investigating Officer (IO)/Insp. Kamini Gupta was posted as a Sub-Inspector at PS-Ambedkar Nagar, on that day, on the directions of senior officers, she reached the PS-Sangam Vihar, where the victim, namely, T" (PW1, whose full particulars are withheld in order to conceal the identity) was found present alongwith her Mausi, and she made a complaint against her father Lal Mohammed that he has been committing rape upon her under the threat to kill her. The Investigating Officer got counseled the victim girl from the ''Prayatn NGO''. The victim T" gave her statement to the Investigating Officer that "[She resides at the given address (withheld in order to conceal her identity) of her maternal grandmother along with her father Lal Mohammed (the accused) and her Mausies (sisters of her mother). She stated that when she was a child, her mother had expired and thereafter, her father married to her Mausi, namely, ''SP'' (the sister of her mother). She has one elder brother who is studying in 11 th class and she is studying in 8 th class. She further stated that in the year 2009, when she was in 5 th class, at that time, her father Lal Mohammed came near to her and called her towards him. She went to him, he sat on the bed and touched and kissed on her breasts. Thereafter, he used to do such acts with her as and when he would get time. She further stated that in the year 2010, she does not remember the date, but in the evening time when she was studying, her father Lal Mohammed came into the room and asked her to lie down as he has to tell her something. Subsequently, her father Lal Mohammed started removing her wearing salwar and when she resisted to his such acts, he slapped her two-three times, and when she tried to scream, he gagged her mouth and committed rape upon her. After committing rape upon her, L