Hon’ble Raghvendra Kumar, J.—Under challenge in the instant appeal is the judgment and order dated 6.4.1998 passed by Third Additional Sessions Judge, Rampur, in Sessions Trial No. 109 of 1997 arising out of Case Crime No. 681 of 1996, Police Station Civil Line, District Rampur, whereby the appellant was convicted for the offence under Section 376 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs. 5,000/- with default stipulation of one year’s additional rigorous imprisonment.

2. The facts of this case are very shocking. Appellant Ram Das, who happens to be the step father of the victim, is alleged to have committed rape with her while she was only aged about 10 years. The First Information Report of this case was lodged by Smt. Meena, wife of the appellant.

3. As per the First Information Report, the case of the prosecution was that on 28.9.1996, the complainant Smt. Meena had gone to Gandhi Ashram to thread the quilts. Her daughter (hereinafter referred to as victim) and her husband Ram Das were present in the house. At about 1.00 p.m., her husband came to Gandhi Ashram in a disturbed condition and informed her that the victim has been seriou