Honble Imtiyaz Murtaza, J.—This appeal is directed against the judgment and order dated 5-10-2005 passed by Addl. Sessions Judge, F.T.C. 1 Muzaffarnagar in S.T. No. 377 of 2004 whereby the appellant is convicted under Section 376, I.P.C. and sentenced to undergo imprisonment for life and a fine of Rs. 10,000/- and in case of default in payment of fine, further imprisonment for one year.

2. The brief facts of the case mentioned in the report lodged by Muzaffar Ali at P.S. Kotwali Nagar Muzaffarnagar are that informant’s daughter Shabana who was aged about 16 years and she was a minor and was under his guardianship. She was of a low intelligence and Irshad was his maternal uncle. Naushad is son of Irshad and Shehnaz is wife of Irshad, being relative they used to visit each other house. Naushad was very clever. He has enticed his daughter Shabana and cheated her on the pretext that he will marry her and committed sexual intercourse with her. His daughter became pregnant and about 10 days back Shabana had narrated to her mother as to how she was raped by Naushad. He and his wife had talked with Irshad and his wife and told them that his son has committed rape against her will