JUDGMENT

Manoj Kumar Ohri, J. By way of the present appeal, the appellant has challenged his conviction recorded by the trial court vide judgment dated 27.04.2019 in FIR No. 104/14 registered under Section 354 IPC and Section 10 of the POCSO Act at P.S. Lodhi Colony whereby the appellant was convicted for the offence punishable under Section 354 IPC and Section 10 of the POCSO Act.

2. Subsequently, vide order dated 13.05.2019, the appellant was sentenced to undergo RI for a period of five years and a fine of Rs.20,000/- for the offence punishable Section 10 of the POCSO Act and in default thereof, to undergo SI for a period of six months. In view of Section 42 of the POSCO Act, the appellant was not sentenced for the offence punishable under Section 354 IPC as the sentence in POSCO Act is higher.

3. While passing the impugned judgment, the trial court noted the brief facts as follows:

"2. The FIR came to be registered on a written complaint dated 30.03.2014 (Ex.PW-3/B) lodged by the mother of victim 'E'. The mother stated in her complaint that on 12.03.2014, accused molested her daughter E (age around J years) and her friend 'A' (age around 8 years) while they were playing