JUDGMENT :

RAVINDRA MAITHANI, J.

1. Instant appeal has been preferred against the judgment and order dated 20.12.2016, passed in Special Session Trial No. 14 of 2016, State vs. Deewan Singh @ Kalu, by the court of Special Judge/Session Judge, Tehri Garhwal. By the impugned judgment and order, the appellant has been convicted under Section 377 IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short “the POCSO Act”) and sentenced as hereunder:

“(i) Under Section 377 IPC, rigorous imprisonment for ten years and a fine of Rs. 5,000/-. In default of payment of fine, rigorous imprisonment for a further period of three months.

(ii) Under Section 6 of the POCSO Act, rigorous imprisonment for ten years and a fine of Rs. 5,000/-. In default of payment of fine, rigorous imprisonment for a further period of three months.”

2. Prosecution case, as emerged from the evidence, briefly stated, is as hereunder:

On 23.01.2016, the appellant enticed the victim, a baby boy of three years and took him in his room. The appellant there had anal intercourse against the order of the nature with the victim. The victim cried. PW-3 Geeta Devi heard the cries of the victim. She inform