JUDGMENT :

(Delivered by Hon'ble Subhash Chandra Sharma,J.)

1. This criminal appeal emanates from the judgment and order dated 23.05.2007 passed by learned Additional Sessions Judge/F.T.C.-2, Kushi Nagar at Padrauna in Session Trial No. 111 of 1999 (State Vs. Munna Alias Teerathraj) arising out of Crime No. 142 of 1996, under Section 376 of Indian Penal Code, Police Station Kotwali Hata, District Kushinagar by which appellant has been convicted and sentenced under Section 376(1) IPC with life imprisonment and fine of Rs.50,000/-. out of which 80 percent amount was to be given to the victim and the amount was to be realized as arrears of land revenue. No additional sentence for imprisonment was provided in case of default in making payment of fine.

2. The prosecution case in brief is that on 19.06.1996, victim aged about 8 years was alone at her house at about 2 p.m. Appellant Munna Alias Teerathraj went there and on the pretext of sprinkling insecticide, took her in the field of sugarcane and there he committed rape with the victim. Consequently, she became unconscious and younger brother of appellant, Raj Kumar brought her to his home where his mother gave some treatment to her. At t