SMT. V.K. TAHILRAMANI, J. :- The appellant (original accused) has preferred this appeal against the judgment and order dated 25/4/2008 passed by the learned 3rdAdditionai Sessions Judge, Kolhapur, in Sessions Case No. 120 of 2006. By the said judgment and order, the learned Sessions Judge convicted the appellant u/s 376 (2)(f), 324 and 354 of Indian Penal Code ("IPC" for short). For the offence punishable u/s 376(2) (f) of IPC, the appellant was sentenced to suffer RI for ten years and fine of Rs.1000/-. In default RI for six months. For the offence punishable u/s 324 of IPC the appellant was sentenced to suffer RI for three years and fine of Rs.1000/-. In default RI for six months. no separate sentence was imposed on the appellant for the offence u/s 354 of IPC. The substantive sentences u/s 376(2)(f) and 324 of IPC were directed to run concurrently.

2. The prosecution case briefly stated is as under;

PW 3 Maya was residing at Raman Mala, Taluka Karvir, Dist. Kolhapur. The appellant was residing in front of her' house. The victim girl, who was aged about 6 years, at the time of incident, was residing in the same area along with her family.

It is the prosecution case that on 9