JUDGMENT :

Suneet Kumar, J.

1. Heard Sri Bharat Singh, learned counsel for the appellant, learned AGA for the State and perused the lower court record with the assistance of learned counsels.

2. This criminal appeal has been filed against the judgment and order dated 6.9.2002 passed by Additional Sessions Judge IV, Moradabad in S.T. No.184 of 2002 (State Vs. Rajveer), under sections 452 and 376 IPC, P.S. Hayat Nagar, District Moradabad, whereby, the appellant has been convicted and sentenced under section 452 IPC with one year rigorous imprisonment and fine of Rs.5,000/- and convicted and sentenced under Section 376 IPC with life imprisonment and fine of Rs.10,000/-. In case of default in payment of fine, additional simple imprisonment for a period of two years.

3. As per prosecution case, husband of the victim i.e. Sukhram lodged a report on 31.3.2001 at 12:10 p.m. alleging that on 30.3.2001 at about 11:00 p.m. in the night, appellant taking advantage that his wife was alone in the house, committed offence of rape. It was further alleged that the appellant is neighbour and earlier in the morning of the day of incident, he had quarrel with the appellant over a drain. On fear of the app