Hon'ble Mrs. Ranjana Pandya, J.

1. Challenge in this appeal is to the judgment and order dated 31.05.2014 passed by the learned Sessions Judge, Kanpur Dehat in Sessions Trial No. 110 of 2013 (State vs. Amar and another) arising out of Case Crime No. 404 of 2012, under section 376 IPC, PS Akbarpur, district Kanpur Dehat, whereby the accused Jaipal was acquitted for the charge under section 376 IPC and the accused Amar was convicted and sentenced to ten years' rigorous imprisonment and a fine of Rs. 25,000/- with default stipulation. The accused was also directed to pay Rs. 50,000/- as compensation to the victim, failing which, he shall further undergo one year additional imprisonment.

2. Filtering out the unnecessary details, the prosecution case is that the informant herself lodged an FIR stating that she is resident of Akbarpur, district Ramabai Nagar and is student of class-10. In the intervening night of 24/25.06.2012, she was sleeping in the veranda in front of her house, at about 4 O'clock in the night her neighbour Amar, son of Ram Babu, came quietly and caught hold of her hand, pressed her mouth and dragged her in the room and raped her after breaking the tape of h