JUDGMENT

MILIND N.JADHAV,J. - The present Appeal questions the legality of the conviction and sentence delivered by Judgment and Order dtd. 28/1/2016 passed by the Court of Additional Sessions Judge, Kalyan in Sessions Case No.301 of 2014, convicting Appellant for offence punishable under Sec. 376(2)(l) of the Indian Penal Code, 1860 (for short "IPC") and sentencing him to undergo imprisonment for life which shall mean imprisonment for the remainder of his natural life and payment of fine of Rs.10,000.00, and in default thereof to undergo rigorous imprisonment for 6 months.

2. The gist of the prosecution case is as under:-

2.1. First informant i.e. PW-1 is brother of victim. Victim resided with first informant and her family members at Aatkarpada, Village Kalambhe, Taluka Shahapur, District Thane. Victim is mentally retarded since her childhood and used to wander throughout the day outside and travel upto Asangaon Station, Shahapur, Washind Station, Kalyan Station and Thane Station and used to beg. Since victim was mentally retarded, she was not married.

2.2. PW-1 was informed by female members of his family two months prior to the filing of First Information Report (FIR) that they