JUDGMENT

1. The present appeal has been filed for setting aside the judgment of conviction dated 28th January, 2021 and the order on sentence dated 27th August, 2021, passed by the learned Additional Sessions Judge (POCSO), South District, Saket Courts, New Delhi.

2. Vide judgment of conviction, the appellant was convicted for the offences punishable under Section 376(2)(i) of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). Vide order on sentence, the appellant was sentenced to rigorous imprisonment for a period of twenty years for the conviction under Section 6 of the POCSO Act and to pay a fine of Rs.15,000/-. No sentence was awarded to the appellant under Section 376 of the IPC in view of Section 42 of the POCSO Act.

3. The brief facts of the case, as set up by the prosecution are as follows:

I. On 9th September, 2014, a PCR call was received by the police from the father of the child victim, regarding sexual assault on his daughter, who was aged four and a half years at the time of incident. Information was recorded and the police proceeded to meet the child victim.

II. The police made inquiry with the child v