SURESH KUMAR GUPTA,J. - (1.)Heard Mr. Surya Prakash, learned counsel for appellant, learned A.G.A. for the State and perused the lower court record.
(2.)This appeal has been preferred on behalf of appellant Ramsagar challenging the impugned judgment and order dtd. 26/11/2019 passed by learned Additional District and Sessions Judge/FTC Lakhimpur Kheri whereby the appellant was convicted and sentenced as under:-
(i). In Sessions Trial No. 1397 of 2014 arising out of Case Crime No. 475 of 2007, under Sec. 354 IPC, Police Station Paliya, District Lakhimpur Kheri, the appellant was convicted and sentenced for two years imprisonment and fine of Rs.10,000.00 with default stipulation.

(3.)Brief facts of the case emerges out as under:-
On 23/7/2007 at 02:00 an FIR was lodged by first informant, namely Raju son of Lal Ji, R/o Village Ethpur, P.S. Palia, District Lakhimpur Kheri with the allegation that in the evening of 22.07.20007, victim, the wife of the complainant, with her two children, a two months old boy and a girl three years old, was laying down in the home (hut). The complainant was also lying on the ground under the bed in the hut, at around 11:00 pm, his neighbor Ramsagar, son Kamala Shankar Mallah came and started molesting complainant's wife. When his wife screamed, he also woke up, made a noise, then Dara Son Lalji and Kalavati wife of Kamalashankar came, with the help of whom Ram Sagar was caught and took him before the Police Station Palia, District Lakhimpur Kheri and F.I.R. of this case was lodged under Sec. 376 I.P.C.