Hon’ble Bharat Bhushan, J.—Appellant Bachchu Singh has assailed the judgment and order dated 15.12.2000 passed by the then Second Additional Sessions Judge, Ghaziabad in S.T. No. 762 of 1998 under Section 376 of Indian Penal Code (IPC) arising out of Crime No. 56 of 1998 P.S. Sector 20 Noida, District Gautam Budha Nagar whereby appellant was convicted and sentenced to life imprisonment and a fine of Rs. 10,000/- with default stipulation. Out of the amount of Rs. 10,000/-, Rs. 5000/- was directed to be paid to complainant.

2. Prosecution case in short is that complainant Dalip Haldar (P.W. 1) and his wife Meena (P.W.2) were living in the Shanty No. B-274 within the jurisdiction of P.S. Sector 20 Noida. Appellant Bachchu used to live in another Shanty No. B-273 which was adjacent to the hut of complainant. On 19.1.1998 at about 5 pm. appellant Bachchu took one and a half year old daughter (victim) of complainant Dalip Haldar on the pretext of playing and took her to his own shanty. After some time complainant heard the cries of his daughter and rushed towards the hut of appellant Bachchu. He saw that the underwear of his daughter was blood stained. He questioned appellant Bac