RAKESH SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellant and the learned counsel for the State.

(2.) THE appellant has been convicted under Section 376(2)f of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years.

(3.) ON the fardbeyan of the informant, First Information Report was lodged, investigation was proceeded and during investigation the Investigating Officer inspected the place of occurrence which is village Rampur, the poultry farm of the appellant. The Investigating Officer has given the boundary of the said poultry farm in paragraph 4 of his deposition and recorded the statement of the victim as well as the other witnesses. Thereafter, the Investigating Officer got the statement of the victim recorded under Section 164 Cr.P.C. and took permission of the Court. The victim was medically examined. In her statement under Section 164 Cr.P.C. she has stated that the appellant asked her to provide water to the hen and when she went inside the poultry from, the appellant pushed her on the floor and then removed her undergarments and untied her clothes and also unclothed himself and thereafter committed rape. The victim was medically examined and the doctor opined that no injury was found on her body and private part. No mark of violence in or around her private parts. Hymen old, torn, admits two fingers. However, the doctor also opined that the age of the victim has been found to be 9 to 10 years and there is no evidence of recent intercourse but the possibility of intercourse in past cannot be ruled out. The Investigating Officer after investigation submitted charge -sheet on which cognizance was taken, case was committed to the Court of Sessions and after commitment, charge was framed under Section 376 of the Indian Penal Code and thereafter trial proceeded. During trial, six witnesses were examined by the prosecution.