V.M. Deshpande, J.

1. Present appeal challenges the judgment and order of conviction dated 29-06-2017 in Special POCSO Case No. 223/2016 by learned Additional Sessions Judge, Nagpur, whereby appellant is convicted for an offence punishable under Section 376 (2) (i) (n) of the Indian Penal Code (IPC) and Sections 5 (i) (ii) (I) punishable under Section 6 of the Protection of Children From Sexual Offences Act (POCSO Act) and sentenced sufferance of rigorous imprisonment of 10 years and payment of fine of Rs. 3,000/-. He is also convicted for an offence punishable under Section 506 of the IPC and he is directed to suffer rigorous imprisonment for two years. Both the sentences were directed to run concurrently. Appellant was in jail since 14-05-2006 hence set off was also granted.

2. I have heard Mr. Patwardhan, learned counsel for the appellant and Mr. Pathan, learned A.P.P. for the State. I have also perused the notes of evidence and various proved documents.

3. It is the submission of learned counsel for appellant that he is falsely implicated in crime. He submitted that the victim girl, being mentally retarded girl, her evidence will have to be excluded in its entirety. He s