JUDGMENT :

VIBHA KANKANWADI, J.

1. Present appeal has been filed by the original accused challenging his conviction in Sessions Case No.69/2015 by learned Special Judge, under POCSO Act, Ahmednagar on 24.02.2016, whereby he has been held guilty of committing offence punishable under Section 376(2)(f)(i) of the Indian Penal Code, 1860 and under Section 5(j)(ii), 5(n) of the Protection of Children from Sexual Offences Act, 2012 (for short, hereinafter referred to as “the POCSO Act”). The criminal application has been filed for suspension of sentence, however, taking into consideration the facts of the case and the fact that the appellant is in custody since the date of his arrest i.e. 12.12.2014, the appeal itself was taken up for final hearing with the consent of the learned Advocates representing all the parties.

2. The appellant is stated to be the accused involved in one of the most heinous crimes of committing rape on his daughter. Before proceeding to consider the facts in the case, we would like to say that we are aware about the provisions of Section 228-A of the Indian Penal Code and ratio laid down in Sangita Yeshwantrao Tanpure vs. State of Maharashtra and others [2021 All M.