JUDGMENT

Jasmeet Singh, J.

1. Inadvertently, in the order dated 01.02.2023, the fact that the appeals have been heard and reserved for judgment has not been noted. On 13.05.2022, it was directed that rather than hearing the applications for suspension of sentence, the appeal should be heard. Hence, appeals were heard on 16.01.2023 and 01.02.2023.

2. These are appeals seeking setting aside of the common judgement dated 27.02.2020 and common order on sentence dated 06.03.2020 passed by the ASJ-1 (North East), Karkardooma Courts, Delhi whereby the appellant was convicted for the offences punishable u/s 354A IPC and u/s 10 read with section 9 of the POCSO Act and sentenced to undergo rigorous imprisonment for 5 years along with fine of Rs.10,000/-for conviction u/s 10 of POCSO Act and a period of 1 year rigorous imprisonment along with fine of Rs. 1,000/-u/s 354A IPC anda further period of 1 year rigorous imprisonment in default of payment of fine.

3. Combined facts of the case are-

i. FIR No. 812/2014 was registered on 13.08.2014 the basis of statement of "S" (herein referred to as "victim No.1") studying in fifth class who stated that she, along with her younger brother used to c