Rajul Bhargava, J.

1. We have heard Sri Sunil Vashista, learned amicus curiae appearing for the appellant and learned A.G.A. for the State.

2. The instant criminal appeal has been preferred by the appellant against judgment and order dated 2.5.2005 passed by Special Judge (E.C. Act), Shahjahanpur in Sessions Trial No.288 of 2002 (State Versus Jasvir) arising out of Case Crime No.28 of 2002, under Section 302 I.P.C., Police Station Madanapur, District Shahjahanpur, whereby the appellant has been convicted and sentenced to undergo life imprisonment along with fine of Rs.10,000/- with default stipulation.

3. The prosecution case, in brief, is that on 19.1.2002, first informant, Suvender Singh, examined as PW1 lodged F.I.R. against the appellant at Police Station Madanapur,District Shahjahanpur on the same day at about 11.15 P.M. alleging therein that on 19.1.2002 at about 5.30 p.m. when first informant along with Hardeo Singh PW 2, Lakhvinder Singh (not examined) and Vedram PW 3 were coming towards their home after loading sugarcane from his field, wife of first informant, Smt. Sukhraj Kaur (deceased) came out of the house crying that Jasvir wants to commit rape upon her. She w