JUDGMENT

R.G. Avachat, J. - This appeal is directed against the judgment and order dated 14/6/2018, passed by Additional Sessions Judge, Ahmednagar in Special Case No. 137/2017, convicting the appellant for the offence punishable under Section 376(2)(1) of the Indian Penal Code and sentencing him to rigorous imprisonment for a period of ten years and to pay a fine of Rs. 60,000/-. In default of payment of fine, the appellant is directed to undergo simple imprisonment for a period of one year.

2. The facts giving rise to the present appeal are as follows:-

P.W.1 'X' informant has a 23 year old daughter, by name 'Y' (prosecutrix). She is deaf, dumb and mentally challenged as well. Both the informant and her husband used to be away from home for work during day time. The prosecutrix used to be alone at home. Sister-in-law of the informant would reside in the neighbourhood. Co-sister of the informant noticed some physical change with the prosecutrix. The informant, therefore, took the prosecutrix to a Primary Health Centre, Deogaon for medical screening. The prosecutrix was found to be pregnant of five and half months. The informant, therefore, realised that someone took advantage of the