Hon’ble Imtiyaz Murtaza, J.—Impugned herein is the judgement and order dated 12.12.2007 passed by Addl. Sessions Judge/Fast Track Court-I/Special Judge S.C./S.T. (Prevention of Atrocities) Act, Hathras in Sessions Trial No. 479 of 2005 whereby the appellant has been convicted under section 376 I.P.C. and sentenced to rigorous imprisonment for life, again under section 302 I.P.C. and on this count he has been sentenced to death. The appellant has again been convicted under section 3(1)(XII) of S.C./S.T. Act and sentenced to imprisonment for five years and fine of Rs. 2000/-. He has been further convicted under section 3(2)(5) of S.C./S.T. Act and sentenced to undergo imprisonment for life and a fine of Rs. 5000/- with default stipulation to undergo two months and five months imprisonment respectively.

2. The F.I.R has its genesis in the report scribed by Mahendra Singh, complainant, a native of village Garh Umrao which lies within the circle of P.S. Sadabad District Mathura. The victim Nirmesh/Lalitesh is the daughter of the complainant. At the relevant time, she was stated to be aged three and half years. Draped in brevity, the prosecution case is that on 6.2.2004, while Ni