JUDGMENT :

1. This criminal appeal is directed against the judgment and order dated 21.5.2004, passed by the Special Judge Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Basti, District Basti in Special Sessions Trial No. 14 of 2003, State vs. Maniram Chaudhary; whereby the appellant has been convicted under sections 376 IPC and Section 3(2)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and consequently sentenced to rigorous life imprisonment along with fine of Rs. 20,000/- for the offence under Section 376 IPC and rigorous life imprisonment for the offence under Section 3(2)(v) SC/ST Act along with fine of Rs. 20,000/- and on failure to deposit the fine appellant is to undergo two years additional rigorous imprisonment. Both the sentences are to run concurrently.

2. As per the prosecution case a written report (Ext.A-1) was given to the Police Station Kaptanganj, District Basti by Shanti Devi (PW-1) stating that she belongs to scheduled caste and her daughter is a student of Class Vth in the Primary School, Bheeta. On 9th December, 2002, at about 1.00 p.m. the informant’s daughter was returning from her school to have