JUDGMENT :

BHARATI DANGRE, J.

1. The Appellant, on being tried by the Special Judge at Gr. Bombay in POCSO Spl. Case No. 203 of 2016 for the offences punishable under Sections 363, 376, 107 and 109 of the Indian Penal Code (for short, “IPC”) and under Sections 4, 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 (for short, “the POCSO Act”), stand convicted by judgment and order dated 21/02/2019. He is handed over a sentence of R.I. for 10 years, on being convicted under Section 6 of the POCSO Act and to pay fine of Rs.2,000/-, in default to undergo R.I. for one month. Though found guilty, for committing the offence under Section 376 of IPC as well as under Sections 4 and 6 of the POCSO Act, no separate punishment is awarded to him.

2. The prosecution case was unfolded before the learned Special Judge through PW1, brother of the prosecutrix as well as the prosecutrix (PW 4) herself and can be culled out as below:

(a) PW 1 deposed that his sister was going in Madarasa and when their grandmother, residing in Jharkhand, expired on 29/01/2016, all members of the family except his sister (the prosecutrix), his wife and their children, went for her last rituals.

On 30/01/2