JUDGMENT

S.B. Sinha, J.—This appeal is directed against a judgment and order dated 27.01.2005 passed by a learned Single Judge of the Aurangabad Bench of the Bombay High Court in Criminal Appeal No. 23 of 1991 whereby and whereunder the appeal preferred by the appellant herein against a judgment of conviction and sentence dated 16.01.1991 was dismissed.

2. Appellant herein is a resident of Ambedkarnagar, Nanded. He was a mechanic of two-wheelers. One Shivrani Dhondiba Kshirsagar, aged about 6 years at that time, was also residing at House No. 14, Ambedkarnagar, Nanded. He allured the said child to ride with him on his Luna. She was taken towards Aerodrome. A search was made for her, but she could not be traced. She came back to her house weeping and crying. It has been noticed by the High Court :

“....When her mother made query, she told that the person who used to repair Luna had taken her towards aerodrome on Luna and thee, after removing her nicker, he urinated on his private part. She also told that as a result of the same, she was having pains at her private part. After arrival of the father of the prosecutrix, Vandana, the mother of the prosecutrix narrated the incident