1 By this appeal, the appellant/accused is challenging the Judgment and Order dated 13/04/2016 passed by the learned Special Judge under Protection of Children from Sexual Offences Act , 2012 (hereinafter referred to as ‘the POCSO Act’ for the sake of brevity) Additional Sessions Judge, Solapur in Sessions Case No.169 of 2015 thereby convicting him of the offences punishable under Section 376 of the Indian Penal Code and as well as Section 6 of the POCSO Act. He is sentenced to undergo rigorous imprisonment for a period of ten years apart from direction to pay fine of Rs.10,000/- and in default he is directed to suffer simple imprisonment for six months.

2 Facts in brief leading to the prosecution and resultant sentence of the appellant/accused can be summarized thus :

(a)The victim of the alleged crime is eight years old female child, who is examined as P.W.No.2. She was taking education in 3rd Standard at Praniti Shinde School of Solapur. Her father P.W.No.1 Iliyas was doing the work of collecting scrap and her mother/P.W.No.3 Naseem is a house-wife.

(b)The alleged incident took place at Jay Photo Studio of Nayi Jindagi Area of Solapur at about 11.30 a.m. of 11/05/2