1. The appellant seeks to assail judgment and order dated 09.05.2016 in Special Case (POCSO) 37/2013 delivered by the Special Judge, Yavatmal, by and under which, the appellant is convicted of offences punishable under sections 451, 376 (2)(i)(j) (1) of the Indian Penal Code and section 4 and 6 of Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’) and is sentenced to suffer rigorous imprisonment for ten years and fine of Rs.5000/- for offence punishable under section 376 (2)(i) (j)(1) of I.P.C. and section 6 of POCSO Act.

2. Heard Shri Hajare, the learned counsel for the appellant-accused (hereinafter referred to as the “accused”) and Shri H.R. Dhumale, the learned Additional Public Prosecutor for the State.

3. Shri R.D. Hajare, the learned counsel for the accused has a two fold submission to advance. He contends that the evidence on record is grossly insufficient to bring home the charge under sections 451, 376 (2)(i)(j)(1) of I.P.C. and section 4 and 6 of the POCSO Act. Shri Hajare contends that the entire prosecution case is based on the testimony of two child witnesses who according to the prosecution are eye witnesses to the incident. Shri Ha