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6. After closure of the prosecution evidence, statement of the accused-appellant under Section 313 Cr.P.C. was recorded. He specifically stated that he is innocent and has not committed any offence.

7. Trial Court after hearing the parties vide impugned judgment and order convicted the accused under Section 376 IPC & Section 6 POCSO Act and sentenced the applicant for the offence under Section 6 POCSO Act. Hence this appeal.

8. In this matter, on previous occasion when the matter was taken up, no one appeared to argue the appeal on behalf of the appellant, hence, notice was sent through concerned Superintendent of Jail to the accused appellant to engage counsel. On showing his un-ability to engage private counsel, Court appointed Sri Siya Ram Pandey as amicus curiae.

(d) he applies his mouth to the penis, vagina anus, urethra of the child or makes the child to do so to such person or any other persons.

Section 2 (1) (a) and (f) of the Act is quoted as under:-

(a) "aggravated penetrative sexual assault" has the same meaning as assigned to it in section 5;

(f) "Penetrative sexual assault" has the same meaning as assigned to a Section 3;

18. According to Section 2(1)(a), Sections 3, Section 5(m) and Section 6 of the Act, a person commits aggravated penetrative sexual assault if on a child below twelve years of the age, he penetrates his penis or inserts any object or manipulates any part of the body or applies his mouth to the penis, vagina, urethra, anus and shall be punished under Section 6 of POCSO Act as having done aggravated penetrative sexual assault. Hence, it is very clear that for the punishment under Section 6 of POCSO Act penetration of penis in vagina is not necessary. If it is proved beyond reasonable doubt that accused has penetrated his penis in her vagina or applied his mouth to the penis shall be convicted under Section 6 of POCSO Act. Hence, conviction of the accused-appellant under Section 6 POCSO Act is just and legal.

19. From the definition of Sections 2, 3 5, and 6 of the POCSO Act, it is made clear that to punish a person for the offence under Section 6 POCSO Act, offence defined under Section 375 IPC is not necessary to prove. If the ingredients of Sections 2, 3, 5 and 6 of the POCSO Act are proved, then a person can be convicted under section 6 of the POCSO Act.

20. Submission advanced by the learned amicus curiae that the incident took place in the night and no definite opinion about rape can be given, hence accused is liable to be acquitted, does not inspire confidence. Both the parties were neighbours and known to each other. In my opinion, testimony of these witnesses are reliable and trustworthy as the statements of witnesses of fact are corroborated by the medical evidence and by evidence of formal witnesses.

25. Hence, the jail appeal is partly allowed. The conviction of the accused appellant for the offence punishable under Section 6 POCSO Act is hereby confirmed but sentence imposed upon appellant Chhotak Banvasi awarded for the offence under Section 6 POCSO Act is reduced/ modified to the extent of ten years rigorous imprisonment. Fine imposed upon him by the trial court is reduced to the extent of 1000/- and the imprisonment in default of deposit of fine is reduced to the extent of seven days' simple imprisonment. District Legal Services Authority is directed to pay compensation of Rs. 25,000/- to the victim separately as per rules, if not paid. Exhibits, if any, be dealt with in accordance with law.