JUDGMENT :

1. The instant Criminal Appeal has been preferred on behalf of the appellant-convict Mohit against the judgment dated 09.11.2017 passed by the Additional Sessions Judge, Court No. 8, Muzaffarnagar in Special Sessions Trial No. 123/9 of 2017 (State Vs. Mohit) arising out of Case Crime No.238 of 2017 under Sections 377 I.P.C. And 5/6 of Protection of Children from Sexual Offences Act, 2012, P.S. Kakrauli, District Muzaffarnagar whereby the learned trial court while acquitting the appellant for the offence under Section 377 of I.P.C, convicted him for the offence under Section 5/6 POCSO Act, 2012 and sentenced appellant Mohit with rigorous imprisonment for 10 years and a fine of Rs. 50,000/- and also ordered to undergo further imprisonment of two years in default of payment of fine.

2. The facts giving rise to this criminal appeal in brief are that the informant Dharmendra, son of Asharfi Lal, resident of village Bhuvapur, P.S. Kakrauli, District Muzaffarnagar moved a written information with the police station concerned with these allegations that on 20.04.2017 at 7:30 of evening his son Vasu 4 years old was sitting along-with other male and female kids in the buggi of Jaipal of his village. Jaipal asked all the children to get down from the buggi on reaching village, thereafter, Mohit 19 years of age of his village made attempt to lure the children giving gratification of Rs. 10. Other children went to their house but he lured to his son Vasu and took him near by the Government School of the village. When his son did not return to his house, all the family members made hectic search of him and found his child Vasu in unconscious condition near by the Government School and Mohit fled away from the place of occurrence having seeing them. The cloth of his son were blood stained, he has utter belief that Mohit had committed carnal intercourse against the order of nature to his child. He also made the complaint of the same to the family members of Mohit who also abused and did marpeet with him.

3. On this written information crime no. 238 of 2017 was registered under Section 377 I.P.C 3(a), 4 of POCSO Act, 2012 against Mohit with the Police Station Kakrauli, District Muzaffarnagar.

4. The I.O. after concluding the investigation filed charge sheet against the accused Mohit and the concerned court took cognizance on the same. The trial court framed the charge against the accused Mohit under sections 377 I.P.C. And under Section 3(a)/4 of POCSO Act, and the charge was read over and explained to the accused which was denied by him and claimed for trial.

5. On behalf of prosecution to prove the charge against the accused Mohit in documentary evidence filed the written information Exhibit Ka-1, medico legal examination report of victim Exhibit Ka-2, Supplementary report Exhibit Ka-3, chick F.I.R paper no. 4a/1 to 4a/3, site plan of the place of occurrence paper no. 7a and the charge sheet paper no. 3a/1 to 3a/4.

6. On behalf of prosecution in oral evidence examined P.W-1 Dharmendra, P.W-2 Pramita, P.W-3 Vasu, P.W-4 Dr. Mashkoor.

7. The statement of accused Mohit under section 313 Cr.P.C., was recorded in which he denied the incriminating circumstances in the evidence against him and stated that he has been falsely implicated in this case due to enmity. On behalf of accused no defence evidence was adduced.

8. The learned trial court after hearing the contentions of the learned counsel for the parties passed judgement on 09.11.2017 acquitting accused Mohit from the offence under Section 377 I.P.C; but held him guilty for the offence under Section 5/6 of POCSO Act, 2012 and sentenced with rigorous imprisonment for 10 years and also fine of Rs. 50,000/-, in default of payment of fine the convict Mohit was also directed to undergo an additional rigorous imprisonment for two years.

9. Aggrieved from the impugned judgment of conviction and sentence, this criminal appeal has been preferred on behalf of the appellant-convict Mohit on the ground