BACHU @ DHANANJAY SOREN Vs. STATE

JUDGEMENT

(1.) Appellant was called upon to answer the following charge:

(2.) Prosecution case was initiated on the basis of a written complaint lodged by P.W. 2, father of the victim girl, who was about 3 1/2 years old at the time of the incident. On the basis of his complaint, first information report being Belda P. S. Case No. 80 of 2004 dated 5th July, 2004 under Sec. 376(2)(f) was registered for investigation. Charge-sheet was filed and charges, as aforesaid, was framed against the appellant. Appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined seventeen witnesses and exhibited a number of documents. In conclusion of trial, learned Trial Judge, by impugned judgment and order dated 9th December, 2010 and 10th December, 2010 convicted the appellant for commission of offence punishable under Sec. 376(2)(f) of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life.

(3.) Mr. Gupta, appearing with Ms. Biswas on behalf of the appellant, submits that the victim girl had not been examined. None of the witnesses including parents of the victim girl stated that the allegation of rape was disclosed by her to them. Extra-judicial confession of the appellant is to be taken with a pinch of salt, as such fact is singularly absent in the first information report. Accordingly, they pray for acquittal of the appellant.