JUDGMENT

1. This appeal is directed against the order of conviction and resultant sentence passed by the Sessions Judge, Parbhani in Special Case (POCSO) No.40 of 2016. Vide impugned judgment and order dtd. 3/4/2018, the appellant was convicted for the offence punishable under Sec. 376(2)(i) of the Indian Penal Code and under Sec. 4 of the Protection of Children from Sexual Offences (POCSO) Act and therefore, sentenced to suffer rigorous imprisonment for ten years and fine of Rs.5,000.00. In default of payment of fine, the appellant is directed to suffer rigorous imprisonment for one year. No separate sentence was awarded for the offence punishable under Sec. 4 of the POCSO Act in view of Sec. 42 thereof. The appellant was acquitted of the offence punishable under Sec. 366 of the Indian Penal Code. The State has not preferred appeal against acquittal.

2. Facts giving rise to the present appeal are as under: The appellant and PW1-A, hail from one and the same village. The appellant had a bore-well. The bore-well had lot of water. In the days of water scarcity, he had supplied water through water connections to some of the villagers. The family of PW2 was one of such families. PW1-A w