SWAPNA JOSHI, J.

1. Challenge in this Appeal is to the judgment and order dated 07.11.2017 in Spl.Child Case No.133/2016 delivered by learned Additional Sessions Judge, Nagpur, convicting the appellant for the offence punishable under section 376(2)(i)(j) & (l) of the Indian Penal Code and Section 6 of the Protection of Child from Sexual Offences Act (POCSO). For the offence punishable u/s 376(2)(i)(j) and (l) of the IPC, the appellant was sentenced to suffer RI for ten years and fine of Rs. 1000/-, in default, SI for one month; whereas for offence punishable u/s 6 of the POCSO Act, to suffer RI for ten years and fine of Rs.1000/-, in default, SI for one month. Both the sentences were directed to be run concurrently.

2. Brief facts giving rise to the instant Appeal may be summarized as under:-

PW3-victim, aged about fifteen-years-old at the relevant point of time, was a mentally-impaired girl residing at Panubali, Tq.Kalmeshwar, Dist. Nagpur and was studying in IXth standard. The appellant/accused was also the resident of the same village. On 29.1.2015 at about 9.00 pm, PW3-victim left her house for answering nature’s call. Since she did not return till 10.00 pm, her brother