Per: SHYAM KISHORE SHARMA, J.

This appeal is preferred against the judgment of conviction dated 21.2.2006 and order of sentence dated 22.2.2006 passed by the learned Additional Sessions Judge, Fast Track Court No. IV, Gopalganj in Sessions Trial No. 138 of 2000/ 44 of 2003 whereby the sole appellant has been convicted and sentenced to undergo imprisonment for life along with a fine of Rs.5000/- for the offence under Section 376 IPC and in default of payment of fine, he was further ordered to undergo simple imprisonment for six months.

2. The victim of the case is a girl of tender year. The case has been registered on the basis of fard beyan (Ext. 4) of Rina Kumari (P.W. 5) given at Refferal Hospital Bhore on 6.8.1999 at 5.30 p.m. in presence of her mother Ramdulari Devi (P.W. 4) wherein she alleged that her father was residing abroad. She was a student of class II. On the date of occurrence she had returned to her home after final bell. In the meanwhile, uncle Yogendra Bhagat (appellant) came to her house and enticed her towards Mujwani. She was brutalized and was subjected to rape. She suffered serious injuries resulting into profused bleeding. On her cry, her mother (P.W