(Delivered by Hon'ble Virendra Kumar-II, J.)

1. Heard Shri R. N. S. Chuhan, learned Amicus Curiae for the sole appellant and Shri Jyotinjay Verma, learned AGA for the State.

2. This jail appeal has been instituted on behalf of accused/appellant Shri Salik Ram. The appellant has been convicted and sentenced vide impugned judgment and order dated 18.10.2012 delivered by learned Additional Sessions Judge, Court No.2, Lakhimpur Kheri in Session Trial No. 984 of 2009, under Section 376 IPC read with Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellant has been sentenced to undergo imprisonment for life for the offence punishable under Section 376 IPC and fine of an amount of Rs.10,000/- has also been imposed with default stipulation to undergo further rigorous imprisonment for two years.

3. It is mentioned in the grounds of appeal that appellant has falsely been implicated in this crime on the basis of political rivalry of the village. No eye witness is available regarding the incident of this crime. The witnesses produced on behalf of complainant are his associates who help him. The appellant has not committed any offen