JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. The only question involved in this appeal is whether the respondent is guilty of an offence of aggravated penetrative sexual assault punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘the POCSO Act’).

2. The respondent–accused was prosecuted for the offences punishable under Sections 377 and 506 of the Indian Penal Code, 1860 (for short, ‘IPC’) and Section 5 read with Section 6 of the POCSO Act. The learned 8th Additional Sessions Judge, Jhansi who was the Special Judge under the POCSO Act convicted the respondent for all three offences. The respondent was sentenced to undergo rigorous imprisonment for ten years for the offence punishable under Section 6 of the POCSO Act and was directed to pay a fine of Rs.5,000/. The respondent was sentenced to undergo rigorous imprisonment for seven years for the offence punishable under Section 377 of IPC. For the offence punishable under Section 506 of IPC, he was sentenced to undergo rigorous imprisonment for one year. For the last two offences, a fine was also imposed.

3. The respondent preferred Criminal Appeal No.5415 of 2018 before the High Court o