JUDGMENT :

Vikas Budhwar, J.

1. This appeal has been preferred against the judgment and order dated 26.3.2013 passed by the court of Special Judge (D.A.A), Banda in Session Trial No.63 of 2012, State Vs. Ram Prakash @ Pappu Yadav arising out of Case Crime no. 73 of 2012, under Sections 452 read with Section 376 IPC, P.S. Bisanda, District Banda, whereby the accused-appellant was convicted under Section 452 IPC and sentenced to five years rigorous imprisonment with a fine of Rs.5000/- and on a default, sentence of three months further imprisonment and under Section 376 IPC and sentenced to imprisonment for life with fine of Rs.10,000/- and in case of default of payment of fine, to undergo six months further imprisonment for one year. Both the sentences to be run concurrently.

2. Brief facts of the case are that the FIR was registered on 22.02.2012 on the basis of the application moved by the complainant on the same date, in which it has been alleged that the complainant’s daughter, namely, Chunbadi on the date of the occurrence of the offence, i.e., 21.12.2012 was alone in her ho