JUDGMENT

Dr. ARIJIT PASAYAT, J

1. Challenge in this appeal is to the judgment of a learned Single Judge of the Patna High Court dismissing the appeal filed by the appellant by which he had questioned the correctness of conviction for offence punishable under Section 376 read with Section 511 of the Indian Penal Code, 1860 (in short the `IPC') and sentence of 10 years rigorous imprisonment and fine of Rs.500/- with default stipulation, as imposed by learned Additional Sessions Judge I, Katihar.

2. Background facts in a nutshell are as follows:

First Information Report was lodged on 27.11.1997 by mother of the victim, aged about 6 years, alleging that the appellant had taken the victim to a lonely place and forcibly raped her on 25.11.1997. The victim suffered terrible pain. Persons of the locality tried to intervene in the matter and there was some delay in lodging the FIR. Investigation was undertaken and charge sheet was filed for alleged commission of offence punishable under Section 376 IPC. The victim was examined as PW-6 while her mother, the informant was examined as PW-4. The trial Court and the High Court relied on the evid