JUDGMENT

1. With the consent of the parties, the appeal is heard finally.

2. This appeal under Section 374 of Code of Criminal Procedure, 1973 has been preferred by the appellant against the judgment dated 08.07.2015 pronounced by the IXth Additional Sessions Judge, Ujjain in S.T. No.658/2014 whereby the appellant has been convicted under Sections 376(2)(f)(i)(j) of IPC alongwith 3/4 and 5(m)(n)/6 of the Protection of Children from Sexual Offences, Act 2012(hereinafter referred to as ...... "the POCSO Ac, 2012") and sentenced him to undergo R.I. for 14 years with fine of Rs.5,000/- under each sections with default stipulations.

3. The facts of the prosecution case are that, on 19.10.2014, at about 06:30 p.m., victim (PW1), aged about 6 years was playing outside her house, at that time, appellant came and took her to Kaaliyadeh Mahal by motorcycle and committed rape upon her. When the victim started crying, the appellant had slapped and threatened her. Appellant is uncle of the victim. On 20.10.2014, an F.I.R.(Exhibit-P/2) was lodged at Police Station - Bherugarh, Ujjain on the basis of intimation given by mother of prosecutrix(PW2).

4. After investigation, the charge-sheet was filed in