1. The appellant (hereinafter referred to as “the accused) is convicted for offence punishable under section 452 of the Indian Penal Code (“IPC” for short) and sentenced to suffer rigorous imprisonment for a period of three years and to payment of fine of Rs. 500/-, and is convicted for offence punishable under section 376(2)(i) of IPC and is sentenced to suffer rigorous imprisonment for a period of ten years and to payment of fine of Rs. 1,000/. The appellant is further convicted for offence punishable under section 5 read with section 6 of the Protection of Children from Sexual Offence Act (“POCSO” for short), for which offence no separate sentence is imposed. This judgment and order of conviction dated 15.3.2016 delivered by the learned the Additional Sessions Judge, Washim in Special Session Trial 60 of 2014, is assailed in appeal.

2. Heard Shri S.S. Jaiswal, the learned counsel for the accused and Shri A.V. Palshikar, the learned Additional Public Prosecutor for the respondent.

3. Indubitably, the victim is mentally challenged. Her mother Ashabai (PW 2) lodged oral report (Exh. 26) on 11.8.2014. The gist of the oral report is that the PW 2 is resident of village Khadi