JUDGMENT :

Shiv Shanker Prasad, J.

1. This appeal has been preferred by appellant, Mahesh Rathaur against the judgment and order dated 30th May, 2013 passed by the Special Judge/Additional Sessions Judge, Etawah in Sessions Trial No. 167 of 2012 (State Vs. Mahesh Rathaur), arising out of Crime No. 234 of 2012, under Sections 323,376 and 506 I.P.C., Police Station-Bakevar, District-Etawah, whereby the accused-appellant has been convicted and sentenced to undergo imprisonment for life for the offence punishable under Section 376 I.P.C. with a fine of Rs. 10,000/-and in default thereof, to further undergo six months simple imprisonment.

2. We have heard Mr. Shiva Nand Mishra, learned counsel appearing for the accused-appellant and Mr. Arunendra Singh, learned A.G.A. for the State as also perused the entire materials available on record.

3. The prosecution story, as reflected from the records, is as follows:

On the basis of oral report made by the informant/P.W.-4, namely, Mr. Yasin Ali, a case being Crime No. 234 of 2012 under Sections 323,376/511 and 506 I.P.C. was registered on 5th April, 2012 at 03:20 p.m. at Police Station-Bakevar, District Etawah alleging therein that on 3rd April, 20