JUDGMENT :

1. By way of this appeal, the appellant has challenged the Judgment and order dated 08.12.2009 passed by Additional Session Judge, Special Court (Dakaity Affected Area), District Kanpur Dehat in S.T. No. 68 of 2009, State vs. Raggu Baniya @ Raghvendra, (arising out of Case Crime No. 413 of 2008), under Sections 376 of IPC, Police Station Ghatampur, District Kapur Dehat whereby the accused-appellant was convicted under Section 376 IPC and sentenced to imprisonment for life imprisonment with fine of Rs. 5,000/- and in case of default of payment of fine, to undergo further rigorous imprisonment for six months.

2. The brief facts as per prosecution case are that on 24.8.2008 at about 9:00 a.m. the prosecutrix was going alone from her house to break the cucumber in the field of Bhaiyadin Yadav, when she reached, accused-Raggu Baniya @ Raghwendra S/o Chandra Pal Sankhwar who had caught hold of her with bad intention and he committed rape with her and on the sound of her screaming, complainant with his brother (Baburam) came running to the place of the incident and tried to n