Dharam Chand Chaudhary, J.

Convict Nikka Ram (hereinafter referred to as the 'accused') has preferred this appeal against the judgment dated 16/29.12.2016 passed by learned Special Judge, Shimla in Sessions Trial No. 30-S/7 of 2015, whereby he has been convicted for the commission of offence punishable under Section 376 of the Indian Penal Code and Section 6 of The Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'POCSO Act' in short) and while holding that the punishment under Section 6 of the POCSO Act is greater in degree as compared to the punishment under Section 376 IPC, has convicted him to undergo rigorous imprisonment for a period of 12 years under Section 6 of the POCSO Act and also to pay Rs.1,00,000/- and simple imprisonment for a period of three months for the commission of offence punishable under Section 506 IPC.

2. The accused has been tried, convicted and sentenced for the commission of offence stated hereinabove with the allegations that he belongs to village Sawala and the child victim (name withheld) allegedly aged about 12 years ravished by him 13-14 days prior to 3.8.2015 at Siyalta Nallah is also the resident of sa