Penal Code, 1860–Sec. 376(2)(i)–Protection of Children from Sexual Offences Act, 2011–Secs. 3/7 & 7/8–Conviction–Proper Section–Allegation upto effect that the accused actually penetrated in vagina of prosecutrix is a sheer exaggeration unworthy of credence in view of her earlier statement–This fact is also found belied from the medical evidence–Victim was aged below 18 years–Defence never challenged the fact of age of victim–Held, appellant is liable to be convicted only u/s. 7/8 of POCSO Act.
