ORDER

1 The appeal stands partly allowed.

2 The findings of the learned Special Judge, under the POCSO Act and Additional Sessions Judge, Ahmednagar in Sessions Case No.167/2014 dated 30.12.2015 holding that the appellant/accused viz. Kishor Shankar Palve has committed offence punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 and Section 376 of Indian Penal Code, stands confirmed. However, the sentence awarded i.e. to undergo imprisonment for life stands set aside and substituted to the rigorous imprisonment for eight years.

3 We clarify that the imprisonment for the offence under Section 4 of the POCSO Act in respect of payment of fine and in default sentence, is confirmed. We also make it clear that in view of Section 42 of the POCSO Act, no separate sentence is awarded in respect of offence punishable under Section 376 of Indian Penal Code.

4 The appellant Kishor Shankar Palve stands acquitted of the offence punishable under Section 366A of the Indian Penal Code, however, the findings of holding him guilty of offence under Section 363 of Indian Penal Code by the learned Trial Judge, stands confirmed. In view of the fact that the learned Trial Co