MAHENDRA DAYAL, J. - (1.) THE appellant Chhotkau @ Rehan has challenged the validity of the judgment and order of conviction recorded by the Additional Sessions Judge /Special Judge SC/ST Act, in Sessions Trial No. 184 of 2007, whereby he has been convicted and has been sentenced to undergo rigorous imprisonment of ten years under Section 376 IPC with a fine of Rs.10,000/ -. It has been further provided that in case of default of payment of fine, he will have to undergo further imprisonment of six months.
(2.) THE informant, who is the mother of the victim, submitted a written application on 14.3.2007 that her daughter aged about 7 years was playing in front of the house when the appellant at about 3.00 p.m. enticed her away to a nearby field and committed rape on her. When the victim raised alarm, the informant along with Mujibur Rahman rushed towards the field, where they saw that the appellant was running away from the field.
(3.) ON the basis of the written application, the police registered a case against the appellant and proceeded to investigate the case. The Investigating Officer visited the place of occurrence, prepared site plan and sent the girl for medical examination. The statement of the witnesses was recorded and after completion of investigation, the charge sheet was submitted. The prosecution has examined 5 witnesses in order to prove the case and the learned trial court on the basis of the evidence on record, came to the conclusion that the appellant was guilty of committing rape on a minor girl and convicted him as aforesaid.;