JUDGMENT

1. At the outset it is required to be noted that since the allegations leveled by the prosecutrix are in respect of the alleged sexual assault, the identity of the prosecutrix and RespondentOriginal accused needs to be concealed, therefore, the prosecutrix is referred to as "ABC" and Respondent is referred to as "XYZ". The Registry is directed to maintain the record accordingly.

2. The prosecution case story in short can be summarized as under:-

The prosecutrix at the relevant time, a young girl of 14 years of age, was residing along with her family consisting of mother, father, brother and sister at 12/A Command Hospital, Right Flying Lines, Wanwadi, Pune. A woman namely Kristy Swami is residing near the house. Kristy Swami has a daughter. Accused is brother of Kristy Swami 's husband. He was frequently coming to the house of Kristy Swami. At the relevant time the prosecutrix was studying in 6th Standard in Utkarsh English Medium School, Solapur Bazzar, Camp Pune. The accused used to drop daughter of Kristy Swami to school on his scooter. Sometimes, he was taking prosecutrix also on his scooter to her school. After 15 days of Ganpati festival of the year 2001, accused met