(1.) The appellant has filed the present appeal impugning a judgment dated 16.11.2016 passed by ASJ-01, North Rohini Courts, New Delhi, whereby the appellant was convicted for committing aggravated penetrative sexual assault on a child victim - an offence punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter the "POCSO Act").
(2.) The appellant also seeks to challenge an order on sentence dated 22.11.2016, whereby the appellant was directed to undergo rigorous imprisonment for a period of ten years with a fine of Rs. 5,000/- for committing the offence punishable under Section 6 of the POCSO Act. It was further directed that in default of payment of the fine, the appellant would undergo simple imprisonment for a further period of thirty days.
(3.) The appellant was prosecuted pursuant to registration of an FIR bearing no. 364/13, under Section 376(2) of the Indian Penal Code, 1860 (hereinafter "IPC") at PS Shahbad Dairy. The said FIR was registered on the basis of the statement (Ex PW4/A) made by the mother of the child victim. She alleged that one month prior to lodging the said complaint, the child victim had complained of stomach ache. The complainant (mother of the child victim), thereafter, brought medicines from the medical store. The child victim also complained of pain in her private parts. The complainant noticed red marks near the private parts of the child victim and thereafter, applied medicine. Subsequently, the child victim disclosed that one day when the complainant was quarrelling with her husband (father of the child victim) and she was playing outside, the accused Manoj (the appellant herein) took her to a bathroom outside the house of one Malti. The accused then removed her pajami and inserted finger in her private part and also pressed her chest. The accused threatened the child victim not to disclose about the incident to her mother. She stated that she took the child victim to the Health Post, where she narrated about the incident to social workers Maya and Premwati, and they then took the child victim to BSA Hospital.