JUDGMENT :

Anil Kumar-IX, J.

1. This criminal appeal has been filed against the judgement and order dated 20.09.2003 passed by Additional Session Judge (Fast Track) Court No. 14, Mathura in Session Trial No. 972 of 2002, (State Vs. Surendra) arising out of Case Crime No. 223 of 2002, under Section 376 I.P.C., Police Station Raya, District Mathura, whereby sole appellant Surendra has been convicted and sentenced to life imprisonment with fine of Rs. 5,000/-under Section 376 I.P.C., with default stipulation.

2. Prosecution case in brief is that the informant Chandra Pal has lodged first information report on 05.02.2002 at 01.15 P.M. at P.S. Raya, District Mathura alleging therein that on 05.02.2002 at about 12.00 noon he was going towards Raya from his village Gonga. At about 12.30 P.M. when he reached near the field of Charan Singh, on hearing the shrieks of a child from the field of Charan Singh, he stopped there and went to that field. When he reached there, he saw that appellant/accused was committing rape on an innocent girl child of about 2-½ to 3 years. There was blood on the spot and the child was lying in a pool of blood. At that moment, Murari s/o Masi, Pappu s/o Bagari both r