JUDGMENT :

Vibha Kankanwadi, J.

1. Appellant is the original accused who faced with trial in Sessions Case No.167/2014 before Judge, Special Court and Additional Sessions Judge, Ahmednagar. He has been convicted for committing an offence under Section 3 punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “the POCSO Act”). He has also been convicted for the offence punishable under Section 376 of the Indian Penal Code, 1860, however, no separate punishment has been awarded. He has been also held guilty of committing an offence punishable under Section 366A of the Indian Penal Code and no separate sentence has been awarded for the offence punishable under Section 363 of the Indian Penal Code, though held guilty.

2. The prosecution story, in short, was – PW 2 is the father of the victim, who lodged report with Ahmednagar Taluka Police Station on 16.03.2014. On that day the victim was aged 16 years 06 months and she was taking education in 10th standard. On 05.03.2014 the examinations of the 10th standard of the victim were going on and for attending the examination victim left house by wearing school uniform around 9.45 a.m.