JUDGMENT :

CHANDRA DHARI SINGH, J.

1. The instant Criminal Appeal under Section 374 (2) of Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”) is filed against the impugned judgment dated 18th July, 2006 and order on sentence dated 20th July 2006 passed by the learned Additional Sessions Judge, New Delhi, wherein the Appellant/Accused is convicted for the offence punishable under Section 376 of the Indian Penal Code, 1860 (hereinafter “I.P.C.”) and he was sentenced to undergo eight years of Rigorous Imprisonment and to pay a fine of Rs. 1,000/-. In default of payment of fine, the Appellant/Accused is to further undergo Simple Imprisonment for one month.

FACTUAL MATRIX

2. The brief facts and circumstances giving rise to this case, are that:

(i) The Prosecutrix/Complainant made a complaint in the Police Station Jamia Nagar, New Delhi upon which FIR bearing No. 425 of 2004 dated 06th September, 2004 under Sections 376/506 IPC was registered.

(ii) Prosecutrix/Complainant used to reside along with the Appellant/Accused, her mother-Suman and younger step brother-Raju at Gaffar Manzil adjoining to plot B-29.

(iii) It is alleged that on 14th July 2004, at about 5 A.M. in the morning, the Pro