JUDGMENT

Meenakshi Madan Rai, J. -The victim, a ten year old child was allegedly subjected to penetrative sexual assault four times by the Appellant, a fifty-three year old man, in March, 2020. Her mother at the relevant time was ailing and hospitalised and her father was tending to her. On 08-05-2020, PW-2 the father of the victim on coming to learn of the sexual assault from PW-6 the child's grandmother, lodged Exhibit 2 the FIR, stating the afore-mentioned facts and seeking early legal relief.

2. The investigation of the case was taken up by PW-16 the Investigating Officer, who submitted Charge-Sheet against the Appellant under Sections 376/354 of the Indian Penal Code, 1860 (hereinafter, 'IPC'), read with Sections 6/8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter, 'POCSO Act'). The Learned Trial Court framed Charge against the Appellant under Section 5(l) of the POCSO Act for committing aggravated penetrative sexual assault repeatedly on the minor victim, under Section 5(m) of the POCSO Act, for committing aggravated penetrative sexual assault on a child below 12 years of age and under Section 5(n) for committing aggravated penetrative sexual assault o