JUDGMENT :

1. This criminal appeal has been filed against the judgment and order dated 09.08.2017 passed by learned Additional Sessions Judge, Court-16, Kanpur Nagar in Special Session Trial No.26 of 2014 (State of U.P. Vs. Kallu @ Ravi) arising out of Crime No.32 of 2014, under Sections 377 I.P.C. and Section 3(A)/4 POCSO Act, Police Station Kakadeo by which appellant was convicted and sentenced under Section 377 I.P.C. for a period of 10 years rigorous imprisonment with fine of Rs.20,000 and under Section 4 POCSO Act for a period of 10 years rigorous imprisonment with fine of Rs.20,000 and in default of payment of fine to undergo additional simple imprisonment for a period of 2 years respectively.

2. Fact in brief are that informant Subodh Kumar @ Guddu is resident of B-52, Rajapurwa opposite to Ambedkar Park, Police Station Kakadeo, District Kanpur Nagar. On 07.02.2014 at about 9:30 P.M. nephew of informant aged about 8 years was playing outside the house. Appellant took him into the Ambedkar Park with bad intention and committed sodomy. Hearing shriek of the victim, informant and his brother Manoj went towards the park. Seeing them appellant fled away by jumping the grill. On the