JUDGMENT :

A. M. BADAR, J.

1. By this appeal, the appellant/convicted accused is challenging the Judgment and Order dated 31st January 2018 passed by the learned Designated Court under Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act' for the sake of brevity) and Additional Sessions Judge, Solapur in Sessions Case No.169 of 2016 thereby convicting him of the offences punishable under Section 376(2)(i) of the Indian Penal Code and as well as under Section 6 of the POCSO Act. On each count, the appellant/convicted accused is sentenced to suffer rigorous imprisonment for ten years apart from a direction to pay fine of Rs.25,000/- and in default to undergo rigorous imprisonment for one month. The learned trial Court had directed that the substantive sentences shall run concurrently.

2. Facts, in brief, leading to the prosecution and resultant sentence of the appellant/accused can be summarized thus :

(a) Lakhu @ Lakhan Gaikwad used to work as Police Constable. He was residing along with his family at Room No.142 in Block No.37, Police Line, Kavita Nagar, Solapur. First informant/PW1 Sonam along with her husband PW2 Prabhakar and their daughter, who is examined as PW3, she being the victim of the crime in question, used to reside at Room No.144 of the said Block No.37 at Police Line, Kavita Nagar, Solapur. PW2 Prabhakar at that time was posted at Gadchiroli as Police Sub-Inspector and as it was the posting at Naxal affected area, he had retained the quarter at Solapur. His daughter, the victim child/PW3, at the relevant time, was 3 years 10 months and four days old.

(b) The incident in question allegedly took place at about 5.30 p.m. of 21st February 2016 at the house of the appellant/ convicted accused. According to the prosecution case, Neha Gaikwad - daughter of the appellant/convicted accused came to the house of the victim female child/PW3 and took her for playing. The victim female child/PW3 for some time played with Neha Gaikwad. Thereafter, the appellant/convicted accused, who happens to be the father of Neha, called the victim female child/PW3 inside his house. When the victim female child/PW3 went inside the house of the appellant/ convicted accused, he inserted his finger in her vagina. He touched his tongue to her vagina. When this was happening inside the house of the appellant/convicted accused, PW4 Shailendra Waghmare along with his colleague had been to the police line, Kavita Nagar for inquiry about the students taking education in 9th and 10th Standard. They were doing publicity and marketing of the Chate Coaching Classes. PW4 Shailendra Waghmare and his colleague came to know from the local boys that the son of the appellant/convicted accused is taking education in 10th Standard. They, therefore, asked address of the appellant/convicted accused to the First Informant/PW1 Sonam, who along with her relatives was sitting in the courtyard of the house. PW4 Shailendra Waghmare and his colleague then rang the door bell of the appellant/convicted accused. The appellant/convicted accused then opened the door and started talking with PW4 Shailendra Waghmare and his colleague. At that time, the victim female child/PW3 came out of the house of the appellant/convicted accused while crying. She went to her mother First Informant/ PW1 Sonam and disclosed that the appellant/convicted accused had inserted his finger in her vagina. This fact was then disclosed by first informant/ PW1 Sonam to her husband, who was sleeping in the house. The victim female child/PW3 also disclosed the incident to her father PW2 Prabhakar. In the bathroom, parents of the victim female child/PW3 had seen the vagina of the victim female child/PW3. They found private part of the victim female child/PW3 turned reddish in colour.

(c) First Informant/PW1 Sonam and PW2 Prabhakar then took their daughter the victim female child/PW3, who happens to three years and ten months old to the hospital of PW5 Dr.Keyur Shirasi