Swatanter Kumar, CJ.

The Accused Suresh Shankar Jadhav was charged for an offence punishable under Section 376 of the Indian Penal Code hereinafter referred to as the “Code” and Section 57 of Bombay Children Act, 1948. The learned Trial Court, vide its judgment dated 30th November, 1989, found the accused not guilty and acquitted him of the charge above referred. The State being aggrieved from the said judgment of acquittal recorded by the Trial Court (IInd Additional Sessions Judge, Satara) filed an application for leave to appeal which was granted by a Division Bench of this Court on 25th June, 1990. The case came up for regular hearing before another Division Bench of this Court and the Court, vide its Judgment dated 4th May, 2007 upheld the order of the Trial Court acquitting the accused of the offence punishable under Section 376 of the Code, however, convicted him for an offence punishable under Section 376 read with Section 511 of the Code as well as Section 57 of the Bombay Children Act. The Court sentenced the accused under Section 376 read with Section 511 of the Code to suffer rigorous imprisonment for a period of five years and to pay fine of Rs.3,000/in defa