Hon'ble Mrs. Ranjana Pandya, J.

1. Challenge in this appeal is to the Judgment and order dated 27.11.2010 passed by the Additional Sessions Judge, Court No. 7, Bareily (State Vs. Munna Deevana and others) in S.T. No. 215 of 2010 under Section 376 I.P.C. Thana Baradari, Bareily whereby the accused appellants Munna Deevana and Mustaq were found guilty under Section 376 (2) I.P.C. and sentenced to 10 years rigorous imprisonment and Rs.10,000/- fine each with default stipulation.

2. The prosecution case in brief is that the father of the victim, namely, Nasim Khan lodged a report on 12.6.2009 that he lives with his daughter aged 17 years. He has two small children Mohd. Taliv and Mohd. Ujair, who lived with him. He is a widower. The prevailing night at 2.30 a.m. in the night, the accused appellant Munna Deevana accompanied by another boy entered the house of the informant and carried away his daughter. They took her in a nearby field and both raped her. On hearing the shrieks of his daughter, he went out of the house. He saw Munna Deevana and the other boy fleeing away. He could identify the other boy if he saw him. His daughter wept and narrated the whole incident to him. He