JUDGMENT :

1. The appellant has filed the present appeal impugning a judgment dated 07.10.2016, whereby he was convicted of an offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter ‘POCSO Act’). He also impugns an order dated 08.10.2016, whereby he was sentenced to serve rigorous imprisonment for a period of ten years with a fine of Rs.2,000/- for committing an offence punishable under Section 6 of the POCSO Act – an aggravated penetrative sexual assault. It was further directed that on failure to pay the fine, he would go simple imprisonment for a period of fifteen days.

2. The appellant was prosecuted pursuant to registration of an FIR bearing no. 150/2013, under Section 376 of the Indian Penal Code, 1860 (IPC) registered with PS Karawal Nagar. The said FIR was registered at the instance of the victim’s mother (hereinafter referred to as ‘the complainant’). On completion of investigation, the chargesheet was filed against the accused Kalicharan for offences punishable under Section 376(1) of the IPC and Section 4 of the POCSO Act. By an order dated 03.12.2013, the Trial Court framed a charge against the accused Kalicharan for c