Hon'ble Arvind Kumar Tripathi (II), J.

1. Heard Smt. Neelam Srivastava, learned counsel for the appellant, and Shri Sharad Dixit, learned AGA for the State respondent.

2. This criminal appeal has been filed challenging the judgment and order dated 30.5.2009 passed by the learned Additional Sessions Judge/Fast Track Court No.1, Unnao in case crime no.142 of 2008, Police Station Vihar, District Unnao (State v. Mahesh Gupta) in Sessions Trial No.433 of 2008 by which the appellant was convicted under Section 376 IPC and was directed to undergo 10 years RI, and also directed to pay fine of Rs.2000/-. In default of payment of fine, he was directed to undergo three months additional RI.

3. As per factual matrix of the case, daughter of Ramesh Chandra Sharma, the victim, aged about 18 years, committed suicide by consuming poison on 12.2.2008. Information regarding committing suicide was given to police out post concerned. When a note of dying declaration was found in the papers of the deceased, FIR was lodged in Police Out Post Bhagwant Nagar, Police Station Bihar, District Unnao on 14.2.2008 by the father of deceased, at about 12.10 noon. It was mentioned in the FIR tat when inqui