JUDGMENT :

Ajai Tyagi, J.

1. Heard learned counsel for the appellant and learned AGA for the State as well as perused the record.

2. This appeal has been preferred against the judgement and order dated 11.11.2011 passed by learned Additional Sessions Judge court No.1, Agra in S.T. No.853 of 2010 (State Vs. Chhotu @ Diwakar @ Karamveer) arising out of Case Crime No.109 of 2010, under Section 452 and 376 IPC, Police Station-Khandoli, District-Agra, whereby the accused-appellant was convicted and sentenced under Section 376 (2) F IPC for life imprisonment and fine of Rs.50,000/-. He was directed to undergo further imprisonment for three years in case of default of fine. He was further convicted and sentenced under Section 452 IPC for seven years rigorous imprisonment and fine of Rs.20,000/- and further simple imprisonment for one year in case of default of fine. Learned trial court directed that both the sentences shall run separately.

3. The brief facts of this appeal are that the written report was submitted at police station-Khandoli, District- Agra by Jagdish Singh stating that on