JUDGMENT :

BHASKAR RAJ PRADHAN, J.

1. Heard. This is an appeal filed by the Appellant against his conviction under Section 9(m) of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act, 2012) and sentence under Section 10 thereof vide judgment dated 21.05.2018 and order on sentence dated 22.05.2017 (sic) signed on 22.05.2018. The Appellant has been sentenced to simple imprisonment for a period of 5 years and to pay a fine of Rs. 1000/-. In default of payment of fine, the Appellant is required to undergo further simple imprisonment of one month. The period of imprisonment already undergone by the Appellant during investigation and trial is required to be set off against the sentence imposed.

2. Mr. U.P. Sharma, learned Legal Aid Counsel for the Appellant would urge three grounds in the present appeal. Firstly, that the learned Special Judge erred in passing the impugned judgment on the basis of a statement of the minor victim (PW-1) recorded under Section 164 of the Code of Criminal Procedure, 1973 (Cr.P.C.) (exhibit-6) and the preliminary examination (Exhibit-7) of the minor victim as the contents of two are contradictory to her deposition in Court. Secondly, that t