JUDGMENT :

1. The instant criminal appeal, under Section 374 (2) Code of Criminal Procedure, 1973 (herein after referred to as 'Code') has, been preferred against the judgment and order dated 26.02.2003, passed by Additional Session Judge, Fast Track Court No.2, Unnao, in Session Trial No.354 of 2001, arising out of case Crime No.111 of 2001, Police Station- Fatehpur Chaurasi, District-Unnao, whereby appellant Guddu has been convicted for offence under Section 366 I.P.C. for 5 years rigorous imprisonment with fine of Rs.5000/- and for offence under Section 376 I.P.C. for 7 years rigorous imprisonment and appellant Naresh has been convicted under Section 366 I.P.C. for 5 years rigorous imprisonment with fine of Rs.5000/-.

2. The prosecution case, in brief, is that the victim (P.W.-2) is sister of informant Om Prakash (P.W.-1). On 5.5.2001 at about 7:00 a.m., Om Prakash (P.W.-1) lodged a written report (Ext.Ka.-1) at police station- Fatehpur Chaurasi, District-Unnao, alleging therein, that his sister (P.W.-2), aged about 16 years, had gone on 27.4.2001, at about 8:30 p.m., to answer the nature's call, towards the field of northern side of village. It was further alleged that at that ti