GHANSHYAM Vs. STATE

JUDGEMENT

(1.) Ghanshyam challenges the impugned judgment dated 29th October, 2015 convicting him for offence punishable under Section 10 of Protection of Children from Sexual Offences Act, 2012 (in short 'POCSO Act') and the order on sentence dated 2nd November 2015 directing him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.5,000/-, in default whereof to undergo simple imprisonment for a period of six months, for offence punishable under Section 10 of POCSO Act.

(2.) Assailing the conviction, Learned Counsel for the appellant contends that there is no evidence on record except the statement of the victim child on whose testimony the conviction is based. He further states that there was previous enmity between the appellant and the parents of the victim with respect to water due to which a false case has been registered against the appellant. Moreover, there is no investigation with respect to the 'kassi' and the same has not been returned or seized. In the alternate it is prayed that the appellant be released on the period undergone.

(3.) Learned APP for the State on the other hand submits that the impugned judgment and order on sentence suffers from no illegality.