1] The appellant is the original accused in Sessions Case No.282 of 1998, which was on the file of the District and Sessions Court, Thane. The appellant challenges the judgment and order dated 31st December 2002 delivered by the Third Additional Sessions Judge, Thane convicting him for the offence punishable under section 366-A of Indian Penal Code and sentencing him to suffer R.I., for three years and fine of Rs.2000/-. In default, he was to suffer R.I., for two months.

2] The appellant is also convicted for offences punishable under section 376 and 377 of IPC and sentenced to suffer R.I. For Ten years and fine of Rs.5000/-. In default, he was to suffer R.I. For six months more for each of the offence. The appellant is acquitted from offence punishable under section 342 of IPC. Both convictions and sentences are under challenge in this appeal.

3] The subject criminal case arose out of a complaint made by the complainant who is mother of the victim. It was alleged that the complainant and the accused are neighbours. They are residing in a slum colony. The victim was about 6 to 7 years of age at the time of incident. The incident had taken place on 15th October 1997