(1.) The present appeal has been filed on behalf of the soleappellant against the judgment of conviction dated 30.06.2008 and the sentence passed thereon dated 02.07.2008 by the learned Additional District & Sessions Judge, F.T.C.-V, Patna in respect of Sessions Trial Case No.509 of 2006, arising out of Fatuha P.S. Case No.19 of 2006, appertaining to G.R. No.73 of 2006, whereby and whereunder the appellant having been found guilty of an offence under Section-376 of the Indian Penal Code has been sentenced to undergo imprisonment for life and further to pay a fine of Rs.5000.
(2.) The prosecution case is based upon a written information given to the Officer-in-Charge of Fatuha Police Station by the informant, Shivanand Puri (P.W.4), though written by someone has been signed by him, inter alia, alleging that on 10.01.2006 at about 7:30 pm the appellant aged about 25 years, who is tenant in the house of one Mahesh Puri, enticed his minor daughter, Jyoti Kumari aged about 5 years and took her to the orchard of one Shardanand Puri, which is adjacent to his house and there he ravished her and left her and ran away. His daughter returned home crying and bleeding from her private parts. Her mother Sulekha Devi (P.W.3) asked her as to what happened upon which the girl disclosed that Gudu Chacha, the appellant, had taken her to the orchard and taking advantage of the darkness ravished her because of which she was bleeding. The pain agony and cry of the girl alarmed the neighbours and Raj Kumari Puri, Prahland Puri and many other people came there seeing all this in her house. This statement was given at about 8:30 pm on 10.01.2006, upon which immediately the present case, being Fatuha P.S. Case No.19 of 2006 dated 10.01.2006, was instituted against the appellant for an offence under Section-376 of the Indian Penal Code. The Sub-Inspector of Police, Amarnath Tiwari (P.W.8) was entrusted with the investigation. This statement was signed by the informant is Ext.1, the endorsement on the F.I.R. is Ext.1/1 and the endorsement of the Officer-inCharge, Naeem Ahmad (not examined) on the formal F.I.R. is Ext.3.
(3.) The Investigating Officer (P.W.8) immediately took up investigation and the girl was taken to the Primary Health Centre, Fatuha for medical examination which was done by Dr. Rajendra Prasad Singh (P.W.10) at 11:45 pm on 10.01.2006 itself. On the request of the police, he gave an injury report, which was marked as Ext.5, noticing that there was lacerated bleeding wound of x over lower portion of vagina and there was abrasion of x 1/4 over the face on both the sides. He expressed no opinion about the nature of injury but referred the patient to the Patna Medical College & Hospital (P.M.C.H.) for treatment and medico legal examination. On the next morning, i.e., 11.01.2006, the Investigating Officer inspected the place of occurrence in the orchard and found allegedly some footprints. He found that the orchard was surrounded by a boundary wall of about 3? to 4? height. He took the statement of various witnesses whose houses were contiguous to the orchard about seeing the girl crying in the house and the parents saying that it was the appellant who had ravished the girl. It is alleged that while he was taking the statements, he found the appellant trying to escape from his house which was contiguous to the orchard but was apprehended.