KRISHNA PRATAP SINGH, J. - (1.) Heard Sri Lalji Chaudhary, learned counsel for Legal Service Authority for the appellant and Sri Ashish Pandey, learned A.G.A. for the State.
(2.) The present criminal appeal is directed against the judgment and order dated 29.01.2014 passed by Additional Sessions Judge, Court No. 8/Room No. 11, Gorakhpur in Sessions Trial No. 206 of 2012 arisen out of Criminal Crime Case No. 03 of 2012 (State v. Subhash Harijan), under Section 376 (2) I.P.C., Police Station Harpur Budhat, District Gorakhpur. By the impugned judgment learned trial Judge has convicted and sentenced the appellant-accused under Section 376 (2) I.P.C. to serve life imprisonment along with a fine of Rs. 10,000/- and to undergo 6 months further imprisonment in default of payment of fine. Learned trial Judge has also directed that half of the amount of fine shall be paid to the victim as compensation.
(3.) Briefly the facts of the case are as follows :-;