JUDGMENT :

RAMESH SINHA, J.

1. The present Criminal Appeal has been preferred against the judgment and order dated 08.03.2013 passed by Additional Session Judge, Court No. 6, Etawah in S.T. No. 55 of 2010 convicting and sentencing the appellant to undergo for life imprisonment under Section 376(1) IPC and to pay a fine of Rs. 20,000/- in default of payment of fine, further imprisonment for one year additional rigorous imprisonment.

2. The brief facts of the case are that the informant Indrapal Singh Katheriya submitted a written report at Police Station Chaubiya, district Etawah on 23.12.2009 stating that his daughter who was aged about 10 years and studying in class IVth had gone to the gram field of Birendra Singh Jatav, resident of Simariya who was known to him for taking gram greens (Chane Ka Saag) and while she was taking the gram greens, the nephew of Birendra Singh namely Jitendra @ Gabbar S/o Rajendra Jatav committed rape on her. His daughter came to her house crying and informed about the entire incident to her mother who in turn informed the informant then the informant inquired from his daughter who told him that Jitendra had dragged her from gram field to mustered field wh