(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 offence. He is innocent. He was arrested from his house forcibly. The impugned judgment and order dated 18.10.2012 has been assailed on the above mentioned grounds and prayed that it be set aside.

4. The grounds of appeal has been forwarded by the Jail Superintendent, District Lakhimpur Kheri. Vide order dated 23.01.2013 Shri R. N. S. Chauhan, Advocate has been appointed Amicus Curiae on behalf of appellant to conduct this appeal.

5. Learned Amicus Curiae has put forth his arguments confining to the point of quantum of punishment awarded against the appellant only.

6. The complainant Dinesh on 13.07.2008 submitted a written report (Ex.Ka-1) at Police Station Phool Beharh, District Lakhimpur Kheri. The Check FIR (Ex.Ka-10) was prepared of Crime No. 608 of 2008, under Sections 376 IPC read with Section 3(2)(v) of SC/ST Act on the basis of written report submitted by the complainant. G.D.(Ex.Ka-11) of registration of crime was also prepared.

As per prosecution version, the complainant along with his family members were sleeping on the date of incident at night in their house. There was no door affixed on the main gate. The victim, daughter of complainant, aged about four years, was sleeping on a cot with her grand mother. When the victim was not found on the cot then the complainant, his father Ram Autar, witnesses Rajesh and Jaswant searched her. In the meanwhile they heard noises and screams of the victim from the sugarcane field owned by Om Prakash. This agricultural field was situated near the house of complainant. They saw after reaching near the mango tree that accused/appellant Salik Ram had pressed/shut the mouth of victim and committed rape with her. They saw accused/appellant Salik Ram, while he was committing rape with the victim below the mango tree by pressing/ shutting her mouth. The accused/appellant tried to hide in this sugarcane field from where he was arrested by the complainant and witnesses, P.W.1, P.W.2 and P.W.3.

It is mentioned in the written report (Ex.Ka.-1) that this incident occurred on 13.07.2008 at about 3:00 a.m. at night (wee hours). There was bleeding from the private part of the victim. The underwear of victim and Tehmat of Salik Ram were also taken into possession from the place of occurrence and submitted at police station along with the written report (Ex.Ka.-1).

7. The Investigating Officer recorded the statements of complainant and witnesses, inspected the place of occurrence and prepared site plan (Ex.Ka.-7). The victim was medically examined by the concerned doctor at Chhatrpati Shahuji Maharaj Medical University, Lucknow and gynaecologist. The injury report, Ex.Ka.-2 and Ex.Ka-5 were prepared. Slides of vaginal swab and report (Ex.Ka.-6) were prepared by the gynaecologist. The Investigating Officer took in his posses