JUDGMENT :

Pankaj Purohit, J.

This Criminal Appeal is preferred against the judgment and order dated 12/17.07.2018 passed by learned Special Judge, POCSO/FTC, Additional Sessions Judge, Dehradun, in Special Sessions Trial No. 58 of 2016 “State Vs. Noor Hasan”, whereby, the said Court convicted the appellant under Section 376 IPC and under Section 3/4 of POCSO Act, 2012 but sentenced him only under Section 4 of POCSO Act and directed him to undergo rigorous imprisonment for a period of 12 years with a fine of Rs. 40,000/-, and in case of default he was directed to undergo one year’s additional rigorous imprisonment.

2. Facts necessary to decide the controversy, briefly stated, are that as per the case of the prosecution, an FIR was lodged against the appellant-accused in Police Station – Rishikesh, District Dehradun by informant PW2 - Shanti Devi, grandmother of the victim, with the allegations that her granddaughter, who was 10 years old, stayed with her. According to the informant, 10-12 days before 05.04.2013, when her granddaughter was watching television at home, appellant came to her house and tried to sexually assault her granddaughter. On that day, the victim could not tell the