JUDGMENT :

AJAI TYAGI, J.

1. This appeal has been preferred against the judgment and order dated 27.02.2013 passed by Additional Sessions Judge, Court No. 6, Ramabai Nagar in Session Trial No. 477 of 2011 arising out of Case Crime No. 155 of 2011, under Sections 363 and 376 IPC, Police Station-Sikandra, District-Ramabai Nagar, whereby the accused-appellant was convicted under Section 363 and 376 IPC and was awarded sentence under Section 363 IPC for five years R.I. and fine of Rs. 3,000/- one year R.I. was awarded in case of default of fine and under Section 376 IPC life imprisonment was awarded with Rs. 45,000/-. Accused was directed to undergo two years R.I. in case of default of fine. It was directed that Rs. 40,000/- shall be paid to the victim as compensation.

2. The brief facts of the case are that a written report was submitted at police station- Sikandra, District-Ramabai Nagar by father of the victim stating that in the night of 05.10.2011 his mother Shanti Devi, wife Nisha Devi, Six years old daughter and eight years old son Vishesh had gone to Jawahar Nagar, Sikandra to