Hon'ble Mrs. Ranjana Pandya, J.

1. Challenge in this appeal is to the judgment and order dated 30.7.2010 passed by Additional Sessions Judge, Court No. 1, Saharanpur in S.T. No. 398 of 2009 (State Vs. Tauseef) arising out of Case Crime No. 128 of 2009, under Section 376 I.P.C., Police Station-Kotwali Dehat, Saharanpur, District-Saharanpur whereby the trial court found the appellant guilty under Section 376 I.P.C. and sentenced him to 10 years rigorous imprisonment and Rs. 25,000/- fine with default stipulation.

2. Filtering out unnecessary details the prosecution story as per the prosecution version is that the informant alongwith his family was residing in the Dera of Tauseef. On 15.3.2009 at 7:25 p.m., the informant went to the Doctor with his wife Asheeda. He had three children. The victim aged about 4 years was left at the house. When the couple returned from the Hospital at 9:00 p.m., they saw that the accused was lying on the victim and trying to rape her. The victim was lying on the cot and was shouting and raising alarm. On seeing this, the informant raised alarm, on that the accused-appellant fled away. The victim was bleeding, hence the report was lodged.

3. On