Ravindra Nath Kakkar, J.

This appeal has been preferred against the judgment and order dated 17.9.2010 passed by the Special Judge, SC & ST Act, Kannauj, in S.T.No. 292 of 2008 arising out of Case Crime No.108 of 2003, State vs. Munish, convicting the appellant under Sections 376 I.P.C. and 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 1989 Act'), and sentencing him under Section 376 IPC for 10 years rigorous imprisonment with fine of Rs.1000/-and in default of payment of fine 6 months rigorous imprisonment and under Section 3(2)(v) of 1989 Act life imprisonment. Both sentences were ordered to run concurrently.

2. The prosecution case, in brief, is that one Chhote Lal who along with his wife used to work at a brick kiln of Bahadurpur village, reported to the police that on 24.5.2008 they were at his tent (dwelling place) at brick kiln. Due to scorching heat the informant along with his four year old daughter Rita was lying on a brick stack. At about 10 O' Clock in the night, appellant Munish who too was engaged for withdrawal of bricks from the kiln, appeared there and said that a ghost had overcome him and requested to lig