1. The appellant Daya Shankar Giri has preferred this appeal against the judgment passed by Additional Sessions Judge, Court No. 3, Ballia on 20.12.2012 in S.T. No. 3A of 2009 (State vs. Daya Shankar and others), registered as Case Crime No. 28 of 2008, under Sections 376, 313, 506 I.P.C., Police Station Phephana, District Ballia, whereby the accused appellant was convicted for 10 years R.I. and Rs. 5000/- as fine under Section 376 I.P.C., for 10 years R.I. and Rs. 5000/- as fine under Section 313 I.P.C. and for 2 years R.I. and a fine of Rs. 1000/- under Section 506 Sub Clause (2) I.P.C. with default stipulation. All the sentences were to run concurrently.

2. The prosecution case as unfolded is that, a written report was lodged by Nirmala Devi written by Shamsher Giri stating that she is resident of Police Station Phephana, District Ballia. Her daughter Ranjana Giri aged about 17 years was taken away by the accused, 3 to 4 months prior to 28.02.2008 and committed rape on her. When the victim came back to her house and narrated the whole story, the complainant went to the house of the accused to rebuke him but Daya Shankar Giri, Kamal Giri and Kripa Shankar Giri threatene