Sonia Gokani, J.

This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Code'), arising from the judgment and order of conviction passed by the learned Special Judge (POCSO), City Civil & Sessions Court No. 20 ('trial Court', for short), Dated: 09.08.2017, in Special (POCSO) Case No. 61 of 2014.

2. The brief facts leading to the present appeal are as follows:

It is the case of the prosecution that on 04.06.2014, at around 03:30 a.m., wile the prosecutrix was sleeping with her parents, she suddenly woke up and shouted and her parents found her in disturbed condition crying. They also found the accused, who had pressed her breast and also had touched her private part. He was caught immediately and police was called and he was taken to Kagdapith Police Station, where, an FIR came to be lodged by he mother of prosecutrix, namely Nirmalaben W/o. Dharmendrabhai Leuva, being I-C.R. No. 86 of 2014.

On completion of the due investigation, charge-sheet came to be filed for the offence punishable under Section 354A of the Indian Penal Code, 1860, so also under Section 8 of the Protection of Children from Sexual Offences Act, 2012 (in brief, 'POCS