Satish Kumar Mittal, J.

1. Appellant Lal Chand was tried by the court of learned Additional Sessions Judge, Ferozepur, for the offence under Section 376 IPC, for committing rape upon his minor daughter (PW.2), aged about eight years; and for the offence under Section 323 IPC, for causing simple hurt to his wife Kamla Devi (PW.3). The trial court, vide its judgment and order dated 13.2.2009 convicted and sentenced the appellant to undergo imprisonment for life under Section 376 IPC. However, he was acquitted of the charge under Section 323 IPC.

2. Complainant Kamla Devi (PW.3) was married to the appellant, about 15 years prior to 6.5.2007, the day of occurrence. From the marriage, two sons and two daughters were born. The couple used to do the work of agriculture labour. The prosecutrix in this case was their eldest child, and the appellant along with his family was residing with his parents, namely Kalawati (mother) and Kahna Ram (father).

3. It is the case of the prosecution that on 6.5.2007, the complainant and her mother-in-law went to do the agriculture labour work in the fields, leaving her four children in the house. Later on, her father-in-law had also gone out of the h