JUDGMENT :

RAM MANOHAR NARAYAN MISHRA, J.

1. Heard Sri Shyam Sundar Mishra, learned counsel for the appellant and Sri Ashish Mani Tripathi, learned A.G.A. assisted by Sri Raj Kumar Mishra, State Law Officer.

2. Instant Crl. Appeal has been preferred by the accused appellant against judgment and order dated 16.1.2010 passed by Additional Sessions Judge, Fatehpur. By the impugned judgment, learned trial court has convicted the accused appellant for charge under Section 376, 342 and 506 IPC in S.T. No. 50 of 2002 (State of U.P. vs. Chunni Lal Sharma and Another) and sentenced him to ten years of rigorous imprisonment for charge under Section 376 IPC and Rs. 5,000/-fine with default stipulation, six months rigorous imprisonment for charge under Section 342 IPC and one year rigorous imprisonment for charge under Section 506 IPC. All the sentences were directed to run concurrently.

3. Co-accused Chunni Lal died during pendency of trial and trial against him abated vide order dated 9.11.2004 by the order of learned trial court.

4. Brief facts of the case relevant for present appeal are that according to prosecution version, informant Keshav Dutt Tiwari R/o Village Fatehpur Tikari, lodged an F.