JUDGMENT :

Vikas Budhwar, J.

1. This appeal has been preferred against the judgment and order dated 23.1.2015 passed by Special Judge (SC/ST Act)/ Additional Sessions Judge, Banda Special Trial No. 60 of 1997 in Case Crime no. 89 of 1997, under Sections 376, 506 IPC and Section 3(1)XII and 3(2)V SC/ST Act, P.S. Bisanda, District Banda, whereby accused-appellant was convicted under Section 376 IPC read with Section 3(2)V SC/ST Act for life imprisonment and fine of Rs.30,000/-and in default of payment of fine, one year additional imprisonment.

2. Brief facts of the case are that the FIR was registered on 9.5.1997 on the basis of the application moved by the complainant on the same day, in which it was alleged that the victim, the complainant’s daughter on the date of occurrence of the offence, i.e., 9.5.1997 was sleeping with her grandmother being the mother of the complainant in the courtyard. At that relevant point of time, the complainant and his wife Smt. Savitri were lying down in their room. In the night of the incident, i.e., on 9.5.1997, the grandmother of the victim, as w