NARENDRA NATH TIWARI, J. - (1.) THE appellant was put on trial for the offence under Section 376 of the Indian Penal Code (for short IPC) and was convicted and sentenced to undergo rigorous imprisonment for seven years and further to pay fine of Rs. 1000/ - and in default to undergo simple imprisonment for one year.
(2.) THE prosecution case, in short, is that on 17.4.2000 at about 9:00 A.M. P.W. 6, Priya Kumari, the victim girl, aged about six years, was sexually assaulted and raped by the accused -appellant in the cabin of his truck parked nearby his house. P.W. 5, Punam Singh (informant), the victims mother, witnessed the incident when she went near the cabin and peeped inside she found the appellant lying physically on her daughter removing her underclothes. On seeing the informant (P.W. 5), the appellant ran away through the opposite door closing the zip of his pant. P.W. 5, the informant, found her daughter lying senseless with injuries and swelling on her private parts. On the basis of the fardbeyan of the informant, case was registered under Section 376 IPC against the appellant. After investigation the police submitted charge -sheet under Section 376 IPC against the accused appellant.
(3.) THE prosecution altogether examined nine witnesses, out of them P.W. 5, Punam Singh is the informant and mother of victim girl; P.W. 6, Priya Kumari is the victim girl; P.W. 7, Rana Pratap Singh is the father of victim -girl; P.W. 8, Dr. Arun Chatterjee was the member of the medical board; P.W. 9, Bijay Kumar Singh is the Investigating, Officer.;