JUDGMENT

R.K. Deshpande, J. - The incident is of 15-8-2015, which took place at the newly constructed building of the hostel of Adivasi Madhyamik Ashram Shala, Pandhurna, Tahsil Ashti, District Wardha. The victim is Ku. S (name not disclosed to withhold the identity), aged about ten years and the charge against the accused was that he repeatedly committed rape/penetrative sexual assault on three consecutive days prior to 15-8-2015. The further charge was that the accused committed an act of criminal intimidation by threatening Ku. S to kill her with intent to cause alarm if she discloses the incident to anybody. It was also the charge that not being a member of Scheduled Caste or Scheduled Tribe, the accused was in a position to dominate the will of Ku. S, a minor girl belonging to Scheduled Caste or Scheduled Tribe, and used the position to exploit her sexually by repeated acts. The charges were framed initially on 27-10-2016, and the additional charge was framed on 16-8-2017 for sexual assault on a minor girl aged about ten years, amounting to an offence punishable under Section 5(m) and (p) and Section 6 of the POCSO Act.

2. The conviction of accused Raju on 5-10-2017 in Special