JUDGMENT

Meenakshi Madan Rai, J. - The Appellant on being convicted under Section 9 (m) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter the 'POCSO' Act), was sentenced to undergo simple imprisonment for five years and to pay a fine of Rs.10,000/- (Rupees ten thousand) only, under Section 10 of the POCSO Act with a default clause of imprisonment. The Learned Trial Court, South Sikkim, at Namchi, while convicting the Appellant recorded that it had relied mainly on the evidence of P.W 1 the minor victim and P.W 2, P.W 3, P.W 5 and the Investigating Officer.

2(i). The Prosecution case is that, on 20-03-2019, Exhibit 1 the First Information Report (for short the 'FIR') was lodged by P.W 2, informing that the same morning around 3.30 a.m., his daughter aged about six years old had been sexually assaulted by the Appellant who had spent the night in his house.

(ii) On registration of the FIR, on the same date, the matter was taken up for investigation on completion of which, Charge-Sheet was filed against the Appellant under Section 8 of the POCSO Act. The Learned Trial Court on receipt of the Charge- Sheet framed Charges against the Appellant under Section 5 (m) pu