- (1.) The appellant above named was arraigned with the charges under sections 376, 323, 506 IPC. The reason of the aforesaid trial was the complaint made by the victim herself before the Officer-in-Charge. Tushnabad Police Station. The sum and substance of the complaint in short was as follows: The complainant at the relevant time was residing at the house of her maternal grandmother Sent. Tarsila Tirkey, wife of Silvanus Tirkey at Habdipur from her childhood and she was studying in Class VII at G.S.S. Tushnabad. Her parents were residing elsewhere. Everyday after returning from school she used to feed the pet animals with grass and drench water. As usual on 29th November, 2006 after returning from school she had a lunch, and then went to the field along with her aunt, Rosaliya Tirkey to drench water to the pet cows, and cut grass. While she was drenching water to them who were tied up at different places, her aunt went to another place to drench water to the pet dogs. After drenching water to the cows over there, she began to cut grass. At about 3 o'clock in the afternoon the appellant above named who was resident of the same village, wearing pink banyan and black knicker came near to her. While she was absorbed in cutting grass he asked her to bring ghuniya (aram) leaves. She did not oblige him so he pushed her on the ground and removed her undergarment as well as his knicker and inserted his male organ into her private part and had sexual intercourse. Though it was very painful but she could not shout because he pressingly closed her mouth tightly. After sometimes having seen her aunt he left her and then he dressed up his clothes and started walking towards his house. In the meantime, her aunt came near to her and asked the appellant what was happening. He, however, did not give any reply and left. Then she told everything to her aunt and returned to her house along with her aunt and narrated everything to her maternal grandmother. Thereafter, her maternal grandmother took her to the Tusnabad Police Chowke. Pursuant to the said complaint the FIR was drawn up and then 10 started investigation. After completion of investigation charge sheet was filed by the 10 under the aforesaid sections and then learned Sessions Judge framed the charge.
(2.) It appears from the records that the said victim and de facto complainant Alka Bara also made a statement under section 164 Cr. PC. before the learned Magistrate stating as aforesaid. Apart from making statement under section 164 Cr. PC. it appears that on 21st December, 2006 the said de facto complainant also made a statement which was recorded in fardbayan before the police.
(3.) It also further appears that her aunt Rosaliya Tirkey also made a statement under section 164 Cr. PC. before the learned Magistrate.;