JUDGMENT :

1. A convict for offence under sections 376(1), 323 of Indian Penal Code (IPC) and for offence under sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), is hereby questioning the judgment and order passed by learned Additional Sessions Judge, Aurangabad dated 25.10.2018 in Special Case (POCSO) No. 46 of 2015.

2. In brief, prosecution was launched against present appellant, alleging that, informant had granddaughter aged 4 years. On 09.03.2015, around 2:30 p.m., she had left her granddaughter victim with neighbour and she went to railway station. Around 3:45 p.m., she received phone call and she was urgently called by another neighbour Kantabai. When informant reached, she learnt that, accused took her in a wada, offered one Rupee and on the pretext of playing some game, took her to a toilet, removed her undergarment, he inserted his finger in her vagina and thereafter, he inserted male organ. When the child cried, he closed her mouth. On hearing the occurrence, police was approached and grandmother set law into motion vide report at Exh.38, on the strength of which FIR was drawn vide Exh.39.

After investigation carried out by PW9 API P