Challenge in this appeal is to the conviction and sentence imposed upon the appellant (Original accused) by way of judgment and order, dated 12.1.2011. It appears that the appellant herein faced the trial for the offence punishable under Sections 376, 354, 323, 504 and 506 of the Indian Penal Code under Sessions Case No. 136 of 2010 and was convicted therefor, excepting for the offence punishable under Section 504 of the Indian Penal Code and was sentenced to suffer R.I. for the period of ten years and to pay fine of Rs.10,000/-, in default of payment of fine to suffer R.I. for six months for the offence punishable under Section 376 of the Indian Penal Code; and was also sentenced to suffer R.I. for two months and to pay fine of Rs. 5,000/-, in default of payment of fine to suffer R.I. for three months for the offence punishable under Section 354 of the Indian Penal Code; and was further sentenced to suffer R.I. for the period of one year and to pay tine of Rs.l,000/-, in default of payment of fine to suffer R.I. for, one month for the offence punishable under Section 323 of the Indian Penal Code; as well as was sentenced to suffer R.I. for the period of two years and to pay fine of Rs. 1,000/-, in default of payment of fine to suffer R.I. for one month for the offence punishable under Section 506 of the Indian Penal Code; and it was also directed that the afore said substantive sentences to run concurrently, by way of judgment and order, dated 12.1.2011, rendered by the learned District Judge6 and Assistant Sessions Judge, Ahmednagar.

2. The factual matrix and the events leading to the present appeal are as follows:

The prosecutrix Nilima lodged the complaint against her father i.e. appellant herein with the Ahmednagar Taluka police station and reported that the appellant herein, namely Balu @ Balasaheb Bhausaheb Kothule i.e. father of the prosecutrix outraged her modesty and also two months prior to 5.4.2010 raped upon her for two times, as well as raped upon her during night of 5.4.2010 when she was residing along with the appellant and her grand father, namely Bhausaheb Kothule and sister Nikita in the house at Khadki. Taluka and District Ahmednagar. She also alleged that she was the student of 8th standard in Tuljabhavani High School at Khadki and her father Balasaheb had married to one Kamalabai and initially they were residing at Kalewadi, PimpriChinchwad, District Pune, but about one year back her mother died due to heart attack, and hence the appellant, prosecutrix and her sister Nikita shifted to the house of her grand parents, namely Bhausaheb and Babaibai Kothule at Khadki. It is also alleged that the appellant was the driver by profession on a dumper at Khandala and used to leave his house at about 7.00 a.m. with the tifin and used to return back at about 8.00 p.m. It is also alleged that about two months prior to the incident of rape i.e, 5.4.2010, the appellant picked up a quarrel with his mother Babaibai and drove her out of the house, and therefore, she took the shelter of house of her daughter Saina Vitthal Gadhave in the same village at Khadki.

3. It is the case of the prosecutrix that on 5.4.2010 the prosecutrix returned to the house after giving the examination paper and prepared food at about 9.00 p.m. At this juncture, the appellant came to the house in drunken condition. The prosecutrix served him food. After the dinner, the appellant went out of the house. Thereafter, the prosecutrix, her sister Nikita and grand father Bhausaheb also took their dinner and went to sleep in the court yard of the house. The appellant returned home at about 11.00 p.m. It is alleged that the prosecutrix woke up when her legs were pulled by the appellant father and the appellant skidded her inside of the house from the court yard. Thereupon, the prosecuuix cried, but the appellant gave threat to kill her, and hence, prosecutrix remained silent. After taking inside the house, the appellant removed her salvar, kurta, p