JUDGMENT

M G Sewlikar, J. - The appellant has challenged his conviction under Sections 376 and 506(2) of the Indian Penal Code recorded by the Special Judge (POCSO Act), Aurangabad dated 10/07/2019 in Special Case Child Prot. No. 38/2017. The appellant has been sentenced to 10 years rigorous imprisonment and fine of Rs. 2,500/-, in default to further suffer rigorous imprisonment for three months for the offence punishable under Section 376 of Indian Penal Code and has been sentenced to undergo rigorous imprisonment for one year and fine of Rs.1,000/-, in default to further suffer rigorous imprisonment for one month for the offence punishable under Section 506(2) of the Indian Penal Code. Appellant came to be acquitted under Sections 4, 6, 8 and 12 of the POCSO Act as age of the victim could not be proved to be of 14 years at the time of the incident.

2. Facts leading to this appeal can be succinctly stated as under:

. The victim aged 14 years at the time of the incident was adopted by the accused/appellant herein as her father died during her childhood and her mother abandoned her. Since then she has been living with the accused and his wife (DW-2). At the time of the incident she wa