JUDGEMENT :

G. A. Sanap, J.

1. The appellant has challenged the judgment and order dated 23.12.2019 passed by the learned Additional Sessions Judge, Akot District Akola in Sessions trial No.07/2017, whereby the learned Judge convicted the appellant for the offence punishable under Section 376(2)(j)(l) of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 10 years and pay a fine of Rs.5,000/-, in default of payment of fine, to further undergo simple imprisonment for six months.

The facts leading to this appeal may be stated in brief.

2. The incident occurred on 10.12.2016 at about 7.00 p.m. to 7.30 p.m. The report of the incident was lodged by Nandkishor Ghonge (PW-2) at Akot Police Station. The victim, who was subjected to sexual intercourse, on the date of incident, was 60 years old. She was physically challenged and/or mentally ill. It is the case of prosecution that the victim had come to Adgaon Phata, 7 to 8 days prior to the unfortunate incident. The victim was mentally ill. The victim took shelter under a tamarind tree near Adgaon Phata. Investigation in the case revealed that she was resident of Jambhala, Taluka Hadgaon, District Nanded.

3. The informant