JUDGEMENT :

G. A. SANAP, J.

1. In this appeal, challenge is to the Judgment and order, dated 15.11.2016, passed by the learned Special Judge, Wardha whereby the appellant came to be convicted for the offences punishable under Section 376(2)(i), Section 506 of the Indian Penal Code [for short ‘IPC’] and under Section 4 of the Protection of Children from Sexual Offences Act, 2012 [for short ‘POCSO Act’] and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/- and in default of payment of fine to suffer rigorous imprisonment for six months under Section 376(2)(i) of the IPC and rigorous imprisonment for two years and to pay a fine of Rs.1000/- and in default of payment of fine to suffer rigorous imprisonment for three months under Section 506 of the Indian Penal Code. No separate sentence has been awarded for the offence punishable under Section 4 of the POCSO Act.

2. The facts leading to this appeal are as follows:

In order to hide the identity of the minor girl in this Judgment she is referred as ‘victim’.

PW-5- Jyoti is the mother of the victim. First Information Report was registered on her oral report dated 18.01.2013. PW-5, mother of the victim, had report