JUDGMENT :

B.N. Karia, J.

ORAL ORDER IN CR. A. 313 of 2022

1. By way of present appeal, the present appellant has challenged the judgment and order dated 20.01.2022 passed by the learned Special (POCSO Court), 5th Additional Fast Track Court, Surat in Special Case (POCSO) No. 187 of 2018, wherein the appellant was charged for the offence punishable under Sections 354(A)1-(i)(ii), 354(c), 354(D)(1)(i) and 506 of the Indian Penal Code and Sections 11(1)(2) and 12 of the Protection of Children from Sexual Offences Act, 2012 and the appellant has been tried for the said offence and at the conclusion of the trial, the learned Special (POCSO Court) convicted the appellant for three years regular imprisonment.

2. Heard leaned advocate for the appellant.

3. It is submitted by learned advocate for the appellant that the FIR is late by 11/12 days and an FIR was registered by the father of the prosecutrix against the appellant regarding some scuffle. It is further submitted that in furtherance of that scuffle, the present FIR was registered and there are no independent witnesses. It is further submitted that the locality is densely populated and the prosecution could have easily examined any indep