B.C. Kandpal, J.

1. This criminal appeal arises out against the judgment and order dated 9-10-2003 passed by Special Sessions Judge, Bageshwar in S.T. Suit No. 29 of 2001 State v. Vinayak Bihari alias Vinayak Sharma and Ors. convicting the appellant under Section 376, I.P.C. and sentencing him to 10 years R. I. and fine of Rs. 500/- and further convicting under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentencing him to life imprisonment as well as fine of Rs. 5000/- and in default of payment further one year more imprisonment.

2. Brief facts of the prosecution case are that one Joga Ram lodged a First Information Report on 9-3-2001 at 7.00 p.m. with Patwari Patti Circle Bajina, Bageshwar stating therein that on 9-3-2001 at about 5.45 p.m. his daughter Kumari Pushpa along with her companion Kumari Bhagirati had gone to cut the grass. The appellant Vinayak Bihari alias Vinayak Sharma along with his companion was present there nearby the jungle and when these persons saw Kumari Pushpa and her companion all alone then the appellant Vinayak Bihari and his companion went to Kumari Pushpa and pushed to her on the earth. Th