JUDGMENT :

(Ashwani Kumar Mishra, J.)

1. This appeal is by the accused appellant Gaurav Yadav @ Phadka challenging the judgment and order of conviction and sentence, dated 11.04.2017, passed by the Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, Agra in Special Session Trial No. 44 of 2011 (State vs. Gaurav Yadav @ Phadka) arising out of Case Crime No. 94 of 2011, Police Station Chhatta, District Agra, whereby he has been convicted and sentenced to life imprisonment under section 376 IPC read with section 3(2) (V) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act with fine of Rs.10,000/-and in default of fine he is to undergo six months’ additional imprisonment.

2. The prosecution case proceeds on a written report (Ex.Ka.1) given by the informant Bhagwan Das (PW-1), scribed by Deepak Khare, stating that on 3/4.5.2011 at about 10.00 pm the informant was sleeping outside his house alongwith his wife (PW-4) and 8 years old daughter (victim). The informant’s wife woke up at about 02.00 in the night and found that her daughter was lying next her in a pool of blood. She (PW-2) screamed as a result of which informant and other family members w