JUDGMENT :

POONAM A. BAMBA, J.

1.0 Vide this appeal under Section 374 Cr.P.C read with Section 482 Cr.P.C, the appellant is assailing the judgment dated 22.02.2018 (‘impugned judgment’ in short) passed by Ld. ASJ-01, West, Special Judge under Protection of Children from Sexual Offences Act, 2012. (‘POCSO Act’ in short), Tis Hazari Courts, Delhi, whereby the appellant was convicted for the offence under Section 6 of POCSO Act, in new S.C. No. 56841/2016, in case FIR no. 245/2013, Police Station Uttam Nagar ; and order on sentence dated 14.03.2018, whereby the appellant was sentenced to undergo rigorous imprisonment for life under Section 6 of POCSO Act with fine of Rs. 20,000/-, in default to undergo rigorous imprisonment for one year.

2.0 Briefly stating, the prosecution case is that on 12.05.2013, at about 3.56 pm, an information was received at police station Uttam Nagar regarding a quarrel near Gurudwara, (address withheld), Mohan Garden ; same was reduced into writing by the duty officer PW-1 HC Jagdish in DD register vide DD no. 34-A, which is Ex. PW-1/A. Said DD was handed over to PW-9 SI Bhupender who on receipt of same, reached at house no...., (address withheld) Gali no. 6, Mohan Garden, Uttam Nagar, Delhi, where he was informed by the public person that the prosecutrix and her mother had been taken to the police station by PCR Van. PW-9 SI Bhupender then returned to the police station, where he met the prosecutrix PW-4 and her mother/PW-2, who told him about ‘galat kaam’ with the prosecutrix. After bringing the matter to the knowledge of the SHO, PW-9 along with PW-5 lady constable Sarita took the prosecutrix/PW-4 to DDU Hospital, Hari Nagrar, New Delhi for medical examination. In the meanwhile, PW-13 SI Satyawati also reached the DDU Hospital. After getting the prosecutrix/PW-4 medically examined, PW-13 SI Satyawati recorded the statement of PW-2 mother of the prosecutrix as the prosecutrix being 4 years old. Thereafter, PW-13/SI Satyawati accompanied the prosecutrix and her mother/the complainant/PW-2 to the place of occurrence and prepared site plan Ex. PW-13/B.

2.1. It is further the case of prosecution that on PW-13’s return to the police station, PW-9 SI Bhupender produced the appellant/accused Akhilesh Arya before her and informed her that he was brought by the public persons to the police station. The prosecutrix’s mother/complainant/PW-2 identified the accused. PW-13/SI Satyawati arrested the appellant/accused vide arrest memo Ex. PW-2/B in presence of PW-2/mother of the prosecutrix. After his arrest, the appellant/accused was taken by PW-8 Ct. Rajvir to DDU Hospital for medical examination on the intervening night of 12-13.05.2013. After the appellant/accused’s medical examination, MLC and one sealed parcel was handed over to PW-8, who handed it over to the IO/PW-13 SI Satyawati. The prosecutrix was got counseled through NGO counselor and her statement u/s 164 Cr.P.C Ex. PW-12/A was got recorded by PW-12 learned Magistrate.

2.2. It is also the case of the prosecution that during investigation, wearing clothes of the prosecutrix i.e. baby’s top Ex. 1a, baby’s skirt Ex. 1b, one baby’s underwear, Ex. 3, one microslide described as labia minora swab Ex. 4, one microslide described as vulval smear Ex. 5, cotton wool swab on a wooden stick described as labia minora swab Ex. 6, cotton wool swab on a wooden stick described as vulval swab Ex. 7 and dark brown gauze cloth piece described as blood in gauze of the appellant/accused Ex. 8, were sent to the Forensic Science Laboratory (FSL), Rohini, for examination and DNA finger printing ; report Ex. PX with respect thereto was submitted.

2.3. During investigation, birth certificate of the prosecutrix Ex. PW-10/A was obtained, as per which date of birth of the prosecutrix is 01.04.2009.

2.4. After completion of investigation, charge sheet under Section 376 IPC and under Se