JUDGMENT :

Ajai Tyagi, J.

1. By way of this appeal, the appellant-Teetu has challenged the Judgment and order 21.08.2010 passed by court of Additional Sessions Judge/FTC 3, Firozabad in Session Trial No.84 of 2010 arising out of Case Crime No.482 of 2009 under Section 376 Indian Penal Code, Police Station-Rasoolpur, District-Firozabad whereby the accused-appellant was convicted under Section 376 IPC and sentenced to imprisonment for life with fine of Rs.5,000/-and in case of default of payment of fine, to undergo further imprisonment for one year.

2. The brief facts as per prosecution case are that on 2.10.2009, a written report was submitted by complainant-Raju Rathore at Police Station-Rasoolpur, District-Firozabad, stating therein that in the midnight of 1/2.10.2009, his 7 years old daughter (victim) and 10 years old son Babloo were sleeping on the roof and the accused-appellant Teetu was also sleeping on the same roof while the complainant was sleeping inside the house with his wife Geeta and two other children. In the morning, when his daughter did not come down from the roof, he and his wife Geeta went on the roof and saw his daughter in almost half fainted condition. When the v