ALOK K. SINGH. J. :- Under challenge in this appeal is the judgment and order dated 31-8-2006. passed by Sri Alok Saxena, the then learned Additional Sessions Judge, Court No.3, Hardoi convicting the appellant under Section 302 I.P.C. and sentencing him with life imprisonment and to pay a fine of Rs. 1000- and in default of payment of fine, further to undergo imprisonment for one year and also convicting under Section.376 I.P.C. and sentencing him to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1000/ - and in default of payment of fine, further to undergo one month rigorous imprisonment. All the sentences have been directed to run concurrently.

2. Briefly stated the facts of the case are that an F.I.R. was lodged by the complainant Ghassu @ Ghan Shyam, son of Nanhey, resident of Kherwa. hamlet of Gauri Dayampur, Police Station-Kasimpur, District-Hardoi on 30-9-2004 at 4.30 at P.S. Kasimpur, District- Hardoi, saying that on 29-9-2004, his 16 years old daughter Km. Lekhrani, had gone out for throwing away domestic rubbish and garbage in the field, about half a kilometer away from the house. But, when she did not return in usual time, it caused concern to