JUDGMENT

Sadhanas S. Jadhav, J. - The appellant herein is convicted for the offence punishable under Sections 376(2)(i) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and a fine of Rs.5,000/- in default, rigorous imprisonment for six months by Additional Sessions Judge1, Nashik vide judgment and order dated 30th December, 2013. The learned Judge has also directed that if the fine amount is paid, an amount of Rs.4,000/- be paid to the natural guardian of the prosecutrix towards compensation. Alternatively, the appellant was also charged for the offence punishable under Section 4 of the Protection of Children from Sexual Offences Act. There is no order passed as far as Section 4 of the POCSO Act. Hence, this appeal.

2. It is the case of prosecution that on 11th April, 2013, the mother of the victim namely Sangita Shailesh Mannikar (Kulkarni) lodged a report at Sinnar Police Station alleging therein that on 10th April, 2013, her daughter, aged 4 years had gone for playing on the open ground. She returned home at about 6.00 p.m. Her husband had left house for night duty at about 6.30 p.m. She had dinner at about 8.30 p.m. Along with her daughters. S