(Delivered by Hon.Chandra Dhari Singh,J.)

1. Heard Sri Amrendra Pratap Singh, learned counsel for the appellant and Sri Nagendra Bahadur Singh, learned A.G.A. for the State.

2. The present jail appeal has been filed by the appellant-Zukkur Ali against the judgment and order dated 24.11.2010 passed by the Special Judge, S.C.& S.T. Act, Basti in S.S.T. No.31 of 2010 whereby Special Judge, S.C. & S.T. Act after proceedings, convicted the accused/appellant for offence punishable under Section 376 I.P.C. and Section 3(2) 5 of the S.C.& S.T. Act for raping a minor girl of 14 years who belongs to Scheduled Caste. The accused/appellant was sentenced to imprisonment for life and also fine of Rs.50,000/- for the offence punishable under Section 376 I.P.C. and Section 3(2) 5 of the S.C. & S.T. Act. In default of payment of fine of Rs.50,000/- he shall undergo further one year simple imprisonment.

3. Brief facts of the case

I. According to the prosecution story, the appellant committed repeatedly rape upon the prosecutrix and whenever she opposed his act, he threatened to the prosecutrix to kill her, if she will tell anybody about the incident. Due to repeated rape, the prosecutrix