(1.) The version of prosecution as reported by grand-mother of the prosecutrix to police is that on 24.12.2006 at about 6.30 p.m., the prosecutrix a girl child of about 13 years and 4 months of age, had gone to the shop of village for purchasing grocery items. When the prosecutrix did not return for about 2-3 hours that the family members got worried and went in search of the child in the company of Sarpanch of village.
(2.) They saw the prosecutrix coming from Southern side of the village and she was crying. The prosecutrix confided in her grandmother and disclosed about the whole incident that the appellant forcibly took her towards the narrow street, while she was returning from the shop. The appellant removed her clothes and committed rape on her. The prosecutrix tried to save herself but the appellant by removing her salwar committed sexual intercourse without her consent.
(3.) ASI Bhupinder Singh was in the police station and received a telephonic call from the Sarpanch of village at about 11.00 p.m. and the party reached the village. However, the family members of prosecutrix wanted the girl child to be first medically examined before registering the incident. After the prosecutrix was medically examined, statement of her grand-mother was recorded at about 6.00 a.m. on 25.12.2006 and FIR Ex. PA/2 was registered. The FIR was delivered to the Magistrate at 12.30 p.m. on 25.12.2006.