Mrs. Ranjana Pandya, J. –

Challenge in this appeal is to the judgement and order dated 3.3.2016 passed by Additional Sessions Judge/Fast Track Court, Jaunpur in S.T. No. 16 of 2014 (State v. Ram Sajivan) arising out of Crime No. 279 of 2013, under Section 376 I.P.C., Police Station Sureri, District-Jaunpur, whereby the accused-appellant was found guilty and sentenced to 7 years rigorous imprisonment and Rs. 5000/- fine with default stipulation. Notices were also directed to be issued and proceedings under Section 344 Cr.P.C. were directed to be drawn against the victim.

2. Prosecution case in brief is that on 4.11.2013 an application was submitted by the victim to the S.O., Sureri, District-Jaunpur stating that her husband works at Mumbai. She lives with her two infant children in the house. On the date of incident about 1 O'clock in the night, when she was sleeping with her two infant children in the house, an unknown person entered into her house and raped her. He left her somehow, when she raised hue and cry. Thereafter, neighbors caught the accused and informed the father, uncle and other family members of the victim. The accused along with witnesses was brought to the po