JUDGMENT :

KARUNESH SINGH PAWAR, J.

1. This criminal appeal has been preferred against the judgment and order dated 29.11.2001 passed by Additional Sessions Judge (FTC-IV), Lucknow in Sessions Trial No. 610/2001, Crime No. 176 of 2000, P.S. Malihabad, Lucknow whereby the appellant has been convicted and sentenced to eight years rigorous imprisonment and a fine of Rs. 2000/- with default provision, under section 376 I.P.C. The appellant has been further convicted and sentenced to six months rigorous imprisonment under Section 506(2) I.P.C. Both the sentences were directed to run concurrently.

2. The prosecution case as per written report dated 11.7.2000 is that on 10.7.2000 at about 7.00 p.m. the daughter of the informant Basanti aged about 14 years went to ease herself. All of a sudden, Nanhey Lal son of Kallu of the same village came and caught hold of the daughter of the informant and threatened that if she raises alarm, he will kill her. By saying this, Nanhey Lal put knife on the chest of the prosecutrix and committed rape on her. After returning home, the prosecutrix told the incident while she was weeping. Since it was late night, therefore, the informant did not go to the polic