JUDGMENT :

This is an appeal against the conviction. The appellant has been convicted for the offence punishable under Section 376(2)(f), (i), (n) of the Indian Penal Code and Section 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and, therefore, sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs. 25,000/-, in default to suffer rigorous imprisonment for six months. The appellant is also convicted for the offence punishable under Section 506 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.1000/-, in default to suffer rigorous imprisonment for one month.

2. The facts are unusual. The appellant is the real brother of the victim (prosecutrix), a 17 year old girl at the relevant time. It is the case of the prosecution that, the appellant had put the prosecutrix in fear of her life and sexually exploited her many a times. As a result, the prosecutrix conceived and delivered a child. The prosecutrix, therefore, lodged the First Information Report (F.I.R.) - Exh.8 on 8-3-2017 with Loni Kalbhor Police Station, District Pune. Since the offence took place within the limits of Shiradhon Pol