JUDGMENT :

Virendra Kumar Srivastava, J.

1. The present jail appeal, under Section 383 Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Code’) has been filed by accused-appellant Sita Ram Sharma (hereinafter referred to as ‘appellant’) through Superintendent of District Jail, Varanasi, against judgment and order dated 22.5.2015 passed by Additional Session Judge (Fast Track Court, Varanasi) in Session Trial No. 181 of 2013, (State vs. Sita Ram Sharma), Police Station (hereinafter referred to as ‘P.S.’) Cantt, District Varanasi, under Section 323/376 I.P.C., whereby, he has been acquitted for an offence under Section 323 I.P.C. and convicted and sentenced for offence under Section 376 I.P.C. for life imprisonment and fine of Rs. 20,000/-. In default of payment of fine, he has further been directed to under go for one year simple imprisonment.

2. The brief facts of prosecution case are that PW-1, victim (name of the prosecutrix is not being disclosed in this judgment, she is being shown PW-1, victim’) is daughter of appellant, who is resident of Village Nimiyatar, P.S. Dugariya, District Gaya (Bihar). PW-1, victim appeared, on 29.5.2013 at 6:30 p.m., at P.S. Cantt, District