Hon'ble Mrs. Ranjana Pandya,J.

1. Challenge in this appeal is to the Judgment and order dated 21.10.2009 passed by the Additional Sessions Judge, Court No.5, Banda in S.T. No. 73 of 2008 (State Vs. Kishney) arising out of Crime No. 21 of 2008 Police Station Baberu, District Banda whereby the accused appellant was found guilty under Section 376 I.P.C. and was sentenced to undergo ten years rigorous imprisonment and fine of Rs.10,000/- with default stipulation.

2. As per the prosecution case, the informant Seelam lodged a written report at the police station stating that her niece aged seven years resident of Palhari Police Station Bisanda District Banda was going from the house of the informant on 9.1.2008 towards the 'bada' (pen). Suddenly, the accused appellant Kishney enticed her to his house and raped her. He was trying to find a 'hansia' (sickle) to kill her. Suddenly, the victim found opportunity and ran out. She reached home. The informant saw that she was bleeding. Witnesses Nand Kishor and Dev Kumar Patel were present at the house who saw the injuries of the victim. Hence, F.I.R. was lodged.

3. Investigation was entrusted to S.I.Hem Raj Yadav (P.W.6). He copied th