Hon’ble Pramod Kumar Srivastava, J.—This appeal has been preferred against the judgment passed by Additional Sessions Judge/F.T.C. No. 3, Basti in Special Session Trial No. 61 of 1996 (State v. Durga Singh) under Section 436 IPC and Section 3(2)(iv) The Scheduled Castes or Schedule Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as “SC/ST Act”] in case crime No. 25/1995, p.s.-Dubaulia, Basti, by which, sole accused Durga Singh was convicted on 5.12.2008 for the charges under Section 436 IPC and Section 3(2)(iv) of the SC/ST Act; and punished on 6.12.2008 for the charge under Section 336 IPC with rigorous imprisonment of 10 years and fine of Rs. 500/- (in default of payment one month’s additional imprisonment) and for the charge under Section 3(2)(iv) of the SC/ST Act with imprisonment for life and fine of Rs. 500/- (in default of payment one month’s additional imprisonment), with direction that both the sentences would run concurrently.

2. The prosecution case in brief was that informant Raghuwar and accused Durga Singh are the resident of same village. Informant belongs to the S/C (scheduled caste) community and accused is non-SC/ST person. On 17.3.199