JUDGMENT :

VIBHA KANKANWADI, J.

1. Present appeal has been filed by the original accused challenging his conviction by the learned Special Judge, under the POCSO Act/Sessions Judge, Nanded in Special Case No. 35 of 2014 dated 16.05.2016, whereby the accused was held guilty of committing offence punishable under Section 376(1) of Indian Penal Code and Section 5(m) punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the “POCSO Act”).

2. The prosecution story in short is that informant is the mother of the victim. Victim was aged 6 years and she has one sister and brother aged 3 and 1 years respectively. The father of the victim was a labour. The grandmother (mother’s mother) of the victim resides adjacent to the house of the victim. Accused resides behind the house of the victim and the informant used to go to his house for fetching drinking water.

3. The prosecution story further is that the informant lodged report with Kinwat Police Station, District Nanded on 09.09.2014 disclosing that she had gone to the weekly Bazar around 2.00 p.m. on 08.09.2014. The children were at home. After purchasing necessary articles, she came