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

1. The instant criminal appeal has been filed against the judgment and order dated 05.09.2009 passed by the Additional Sessions Judge, court no.4, Saharanpur in Sessions Trial No.105 of 2008, whereby the appellant Mukhtayar Ahmad s/o Rafique Ahmad was found guilty of the offence punishable under Sections 376 and 506 I.P.C. and was sentenced to undergo imprisonment for life for the offence punishable under Section 376 I.P.C. and fine of Rs.5000/-. He was also sentenced one year R.I. under Section 506 I.P.C. In default of payment of fine, he shall further undergo R.I. for six months. Both the sentences shall run concurrently.

2. Heard Sri Swetashwa Agarwal, learned counsel for the appellant and Sri Ram Yash Pandey, learned A.G.A. for the State and perused the record.

3. Briefly stated the facts of the case are that an F.I.R. was lodged against the accused Mukhtayar Ahmad stating therein that he had raped his own daughter. It is further stated in the F.I.R. that he had given divorce to his first wife 10 years ago and remarried with an other woman. After some time he brought his daughter/prosecutrix and son from the place of his fi