Hon’ble Mrs. Ranjana Pandya, J.—Challenge in this appeal is to the judgment and order dated 15.12.2014, passed by Additional Sessions Judge, Court No. 2, J.P. Nagar, in Sessions Trial No. 519 of 2011 (State v. Kishore), arising out of Case Crime No. 128 of 2011, under Sections 376, 506 I.P.C., Police Station Bachraiyoon, District J.P. Nagar, whereby the accused appellant was convicted and sentenced to ten years rigorous imprisonment with a fine of Rs. 5000/- under Section 376 I.P.C. and two years rigorous imprisonment with a fine of Rs. 1000/- under Section 506 I.P.C. with default stipulation.

2. Filtering out unnecessary details, brief facts are that an application under Section 156(3) Cr.P.C. was moved by the informant on 29.1.2011 stating that she is resident of village Dhakowali, Police Station Bachraiyoon, J.P. Nagar. On 21.1.2011 in the evening, the informant was loading the sugarcane on the trolley with the aid of her husband and her son. After that her husband proceeded to the Chhadha Sugarcane Mill with the trolley and the informant was returning home to finish the house hold job. Her son Gajendra followed the trolley for quite some distance. When the informant was