Anil Kumar Srivastava-II, J.

Heard Sri Rajiv Misra holding brief of Ms. Soniya Mishra, learned counsel for the appellant and Sri Diwakar Singh, learned AGA.

2. Instant appeal has arisen against the judgment and order dated 27.6.2012 passed by learned Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Unnao in Sessions Trial No.628 of 2006 arising out of Case Crime No.364 of 2006, under Sections 376, 506 IPC and Section 3(2)(v) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Police Station Safipur, District Unnao whereby accused-appellant Kallu Singh was convicted under Section 376 IPC read with Section 3(2)(v) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, and sentenced to imprisonment for life and fine of Rs.25,000/-, under Section 506 IPC to rigorous imprisonment for three years and fine of Rs.2500/-with default stipulation of additional imprisonment for three years and six months’ respectively. Both the sentences were directed to run concurrently.

3. According to the prosecution version, a first information report was lodged by Manohar Lal Raidas father of the victim on 26.8.2006 at