Ravindra Nath Kakkar, J.

This criminal appeal has been filed against the judgement and order dated 9.12.2014 passed by Additional Sessions Judge, Court No. 1, Bhadoi-Gyanpur in Sessions Trial No. 38 of 2012 (State v. Beeru alias Shah Alam) convicting and sentencing the appellant to undergo for seven years R.I. under section 376 IPC and to pay a fine of Rs. 10,000/- and to undergo for two years RI under section 506 IPC. In default of payment of fine he further will undergo for six months additional imprisonment. Both the sentences shall run concurrently.

2. Prosecution story in brief are that on 19.08.2011 at about 8.00 P.M. prosecutrix went to purchase vegetables and when she was returning, accused Beeru @ Shah Alam, resident of the same mohalla interrupted the prosecutrix, took her in a vacant plot situated in back side of his shop and committed rape with her. When prosecutrix returned home, she narrated whole story to her mother, its relevant entry is made in the general diary. The prosecutrix was sent for her medical examination at Maharaja Balvant Singh Government Hospital, Bhadoi but due to non availability of lady doctor, she was sent to District Hospital and thereaft