Anil Kumar Srivastava, J. - (1.) Heard Sri Pawan Kumar Pandey, learned counsel for the appellant, learned AGA and perused the record.
(2.) Instant appeal has arisen against the judgment dated 28.2.2013 passed by Additional Sessions Court No.8, Sitapur in Sessions Trial No.613 of 2010 arising out of Case Crime No.329 of 2009 under Section 376 IPC, P.S. Tambaur, District- Sitapur whereby the trial court has convicted the accused under Section 376 IPC and sentenced him 10 years rigorous imprisonment and a fine of Rs.3000/- in default stipulation of fine simple imprisonment for four months.
(3.) According to the prosecution version, first information report was lodged by Santosh on 28.6.2009 at 7.15 PM at Police Station- Tambaur, District- Sitapur stating that the victim was living with him for the last 15 days. On 28.6.2009 at about 12.00 noon accused taken away her to the field where he committed rape upon her. A case under Section 376 IPC was registered and the investigation was handed over to S.I. Brijendra Singh.;