D.G.R.Patnaik, J. - (1.) The instant appeal is directed against the judgment of conviction dated 9.12.1999 and corresponding sentence passed by the VIIth Additional Judicial Commissioner, Ranchi, whereby appellant was convicted for the offence under Section 376, IPC and sentenced to undergo R.I. for a period of 10 years.
(2.) Stated briefly, the case of the prosecution as per the FIR lodged by one Amanullah (PW 3) on 19.11.1997, is that in the afternoon of 16.11.1997, informant's minor daughter aged about 3 and 1/2 years came home complaining of bleeding from her private part. The informant's wife found the panty of the girl soaked with the blood. On query, the girl stated that "Khalil Dada" had threshed his penis into her vagina, due to which she had suffered bleeding. The informant and his wife took the girl to the house of Khalil Dada "accused", but found the door closed. They went to the tailoring shop of the accused where on being accosted, the accused tried to explain that the girl had fallen on a pot and had sustained injury, but in presence of the accused, the girl had reiterated that he (accused) had threshed his penis into her private part. The informant narrated the incident to the members of his locality, but finding no response from them, he lodged the first information report at the police station on 19.11.1997 on the basis of which, the instant case was registered. Accused had preferred to be tried, refusing to plead guilty to the charge for the offence under Section 376, IPC.
(3.) At the trial, seven witnesses were examined by the prosecution including the informant (PW 3), the victim girl (PW 2), informant's wife (PW 1), witness to the seizure of the blood soaked panty of the victim girl (PW 5), Senior Scientist of the F.S.L. (PW 4), the doctor (PW 6) who had medically examined the victim girl and the investigating officer (PW 7).;