ASHIM KUMAR ROY, J. - (1.) The appellant was arrayed accused in connection with a case registered at Dhubulia Police Station relating to an offence punishable under Section 376(2)(f) of the Indian Penal Code. The maker of the FIR was the mother of the victim girl.
(2.) The case unfolded in the FIR was as follows: Her daughter aged about 5 years and student of KG standard of Anganwadi School used to take private tuition from Nur Islam Mallick @ Gutu, the appellant before us. On April 10, 2007 at about 7:30 in the evening, she as usual went to take her tuition from the appellant. When taking advantage of absence of the inmate of the house and the victim was alone, the appellant raped. After the incident, she returned home and disclosed the incident to her mother (PW/1). When on examination of her private parts the same was found inflamed and as she became sick she was at once removed to the hospital.
(3.) During the course of investigation, police recorded the statements of quite a large number of witnesses, including the victim girl and her statement was also recorded under Section 164 Cr.P.C. and submitted charge-sheet.;