JUDGMENT :

S.G. PANDIT, J.

1. The accused in Spl. Case (POCSO) No. 71/2015 on the file of the Special Judge and Additional District and Sessions Judge at Bidar has filed this appeal impugning the judgment of conviction dated 26.12.2016 and order of sentence dated 28.12.2016 whereby the accused is convicted for the offences punishable under sections 376 (2) of the Indian Penal Code, 1860 (for short the ‘IPC’) and Sections 6 and 5 (m) (n) of the Protection of Children from Sexual Offences Act, 2012 (for short the ‘POCSO Act’). Appellant accused is sentenced to undergo life imprisonment and to pay fine of Rs. 10,000/- each for the offences punishable under Section 376 (2) of IPC and section 6 of POCSO Act.

2. The investigation against the accused commenced by the Manthal police on the information filed by the victim's mother Smt. Mumtaz on 23.06.2015 stating that she along with her husband and two children Ibrahim and Saniya aged 4 and 3 years respectively are residing at Ladvanti village and eking out life by coolie work. On 23.06.2015 at about 7.00 a.m. after feeding the children, both the complainant and her husband went to coolie work. At about 1.00 p.m. the complainant came back to