Mukta Gupta, J.

1. By the present appeal, the appellant challenges the judgment dated 11th December, 2018 whereby he was convicted for offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (`POCSO Act') and 363 & 323 of the Indian Penal Code (`IPC'). The appellant also challenges the impugned order on sentence dated 17th December, 2018, whereby he was directed to undergo imprisonment for life along with fine of Rs.20,000/- for offence punishable under Section 6 of the POCSO Act, rigorous imprisonment for a period of seven years and fine of Rs.10,000/- for offence punishable under Section 363 IPC and rigorous imprisonment for a period of one year and to pay fine of Rs.1,000/- for offence punishable under Section 323 IPC, in default whereof, to undergo simple imprisonment for three months.

2. As per the prosecution, brief facts of the case are that in the evening of 8th April, 2015, the victim went to play in the street outside her house, with her friend (`B') and at about 9.00-9.30 PM, victim's mother `K' (PW-12) realized that the victim had not returned back home and was also not present in the street outside. The parents of the victim along with other family members and neighbours started searching for the victim, however, could not find her. At about 12.30 AM, just when the parents of the victim were about to go to the police station, the appellant came with the victim and handed the victim to `K' and left. The appellant was the uncle (chacha) of victim's friend `B'. `K' (PW-12) found that the victim was unconscious and on examining, she found injuries and bite marks on the body of the victim as also bloodstains on victim's underwear and that the victim was unable to properly stand on her own legs. Accordingly, the victim was rushed to the JPC Hospital and from the hospital, victim's father Akhtar Ali (PW-8) made a call to the police at number 100 and the information was recorded vide DD No.7B (Ex.PW-3/A). The victim was medically examined and her MLC (Ex.PW-25/1) was prepared and the appellant's name was recorded as the perpetrator of the crime. Further, the victim narrated the incident to her mother and categorically named the appellant. The statement of the mother was recorded by the police and rukka (Ex.PW- 12/A) was prepared and FIR No.265/2015 dated 9th April, 2015 under Sections 363/323/376 IPC and Section 6 POCSO Act, at PS Seelampur was got registered (Ex.PW-4/C). The appellant was got arrested on 10th April, 2015 at about 9.00 PM from Coat Market, Shashtri Park.

3. Dr.Gurmeet Kaur Bhusari conducted the physical examination of the victim and prepared the MLC (Ex.PW-25/1), which was proved by Dr.Monika Bairathi (PW-25). As per the MLC it was observed:

Physical Examination

"clothing, legs and hands smeared with blood,

(1) circular ring like bruised area on (3cm diameter) on left cheek? bite,

(2) multiple bruised area present on B/L breast in an area of 5x5 cm

(3) Laceration of 3x0.5 cm on back.

Local Examination

- Bloodstained vulva

- Hymen fresh torn

- fourchette B/L tear of 450 angle

- Internal examination refused by victim due to pain"

Discharge summary (Ex.PW-6/A):

(1) Vaginal tear on left side extending from fourchette to left fornix about 5 cm

(2) Rectal mucosa tear 3cm

(3)Anal spincter (external and internal) tear present.

4. Thereafter, the victim was shifted to GTB Hospital. Thereafter, a secret information was received by SI Sarita (PW-20) which was shared with the SHO, upon which, the appellant was apprehended from Coat Market, GT Road, arrested vide arrest memo (Ex.PW-10/A) and got medically examined. After completion of investigation, charge-sheet was filed and the appellant was charged for offences punishable under Sections 363 IPC, 323/324 IPC and 376 IPC and alternatively, Section 6 POCSO Act. To prove its case the prosecution examined 25 witnesses; and to rebut the case of the prosecution, one defence witness was examined by the appellant.

5. Learned counsel appearing