Hon’ble B.S.Verma, J. (Oral)}

This appeal preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), is directed against the judgment and order dated 22nd January 2001, passed by learned Additional Sessions Judge/Special Judge Anti Corruption, U.P.(East) Dehradun, in Sessions Trial No. 26 of 2000 State Vs. Bhupendra Kumar Sharma, whereby the accused-appellant Bhupendra Kumar Sharma has been convicted under Section 376 and 506 of the Indian Penal Code (hereinafter referred to as I.P.C.) and has been sentenced to undergo ten years’ rigorous imprisonment and a fine of Rs. 2,000/- for the offence under Section 376(1) of the I.P.C. and to undergo six months’ R.I. for the offence under Section 506 of the I.P.C. In default of payment of fine, the accused-appellant has been ordered to further undergo six months’ R.I. However, both the sentences were ordered to run concurrently.

2. Heard learned Amicus Curiae for the appellants and learned Additional G.A. for the State.

3. Prosecution story as emerges from the record, in brief, is that the accused-appellant Bhupendra Kumar Sharma was living in the house of the complainant Om Prakash Aga