JUDGMENT :

Pankaj Purohit, J.

This is an appeal preferred by the appellant from jail challenging his conviction and sentence, as recorded by learned FTC/Special Judge, POCSO/Additional Sessions Judge, Dehradun in Special Sessions Trial No. 41 of 2017, State Vs. Rahul Pal, whereby, the said Court has convicted the appellant under Sections 376 IPC as well as under Section 5(m)/6 of the Prevention of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act”), but, has sentenced the appellant only under Section 6 of the POCSO Act, for a period to undergo 12 years rigorous imprisonment with a fine of Rs. 20,000/- and in case of default in payment of fine, the accused was directed to undergo one year’s additional rigorous imprisonment.

2. Facts of the case, in brief are that:-

PW1 – father of the victim lodged a report Ex. Ka-1 with Police Station Doiwala, District Dehradun with the averments that on 31.03.2017, at about 05:30 p.m., he sent his daughter aged about 8 years to bring some rissole (samosa) from a nearby shop, who came after 10-15 minutes and was very frightened and trembling with shock. When he inquired the reason from his daughter, she informed him and