Mohit Kumar Shah, J.—The present appeal under Section 374 (2) read with Section 389 (1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Cr.P.C.”) has been preferred against the judgment of conviction and sentence dated 12.05.2015 and 18.05.2015 respectively, passed in Sessions Trial No. 216 of 2012 (arising out of Khagaria (Gangour) P.S. Case No. 156 of 2012) by the learned 1st Additional Sessions Judge, Khagaria (hereinafter referred to as “the learned Trial Judge”). By the said judgment, the learned Trial Judge has convicted the sole appellant for commission of offence under Section 376 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.

2. Short facts of the case are that on 31.03.2012 at 22:00 hours, fardbeyan of one Sumitra Devi, wife of Arjun Goswami (P.W. 2), was recorded by the Station House Officer (SHO), Gangour O.P. (Camp Sadar Hospital, Khagaria), at Sadar Hospital, Khagaria. In the fardbeyan, Smt. Sumitra Devi (hereinafter referred to as “the informant”) has stated that her grand-daughter (hereinafter referred to as “the prosecutrix”) was staying with her since past 3-4 years in her house. On 31.03.2012 at about 6:00 pm in the evening, when the informant and the prosecutrix were at home and the prosecutrix was playing, the informant had gone to the house of her neighbour, namely, Kaushaliya Devi, to borrow some money, while asking the prosecutrix to remain inside the house, however, when she returned back to her house, at about 7:00 pm then she saw that her grand-daughter was wriggling in pain, was crying and saying that the neighbour namely, Ranjit Sharma i.e. the appellant herein, had opened her pajama (trouser) and has committed wrong with her, whereafter the informant had lighted a torch and saw that the clothes of the prosecutrix below her waist were wet with blood and blood had fallen on the ground apart from blood oozing out from her private parts which had also fallen on her foot. The informant had raised an alarm, whereafter neighbours had arrived and then the prosecutrix was taken to the Sadar Hospital, Khagaria, where her treatment is going on. On receiving information, the Officer-in-Charge, Gangour Police station had arrived at the hospital and recorded the fardbeyan of the informant. After the fardbeyan was read over to the informant, she had put her right thumb impression over the same.

3. After recording of the fardbeyan, a formal FIR bearing Khagaria (Gangour) P.S. Case No. 156 of 2012 was registered for offence under Section 376 of the Indian Penal Code on 01.04.2012 at about 10:30 am against one Ranjit Sharma (Appellant). After investigation and finding the case to be true qua the appellant, the police had submitted charge-sheet on 31.05.2012 against the appellant. Thereafter, on 04.06.2012, the learned Chief Judicial Magistrate, Khagaria, had taken cognizance of offence under Section 376 of the Indian Penal Code and subsequently on 23.06.2012, the case was committed to the Court of Sessions and was numbered as Sessions Trial No. 216 of 2012. On 27.09.2012, charge under Section 376 of the Indian Penal Code was framed against the appellant. During the course of trial, while P.W.1 Saudagar Paswan, P.W.3 Naresh Goswami, P.W.5 Ramdeo Rajak, P.W.6 Raj Kumar Mahto and P.W.7 Gauri Shankar Goswami had turned hostile, the informant i.e. P.W. 2 Sumitra Devi and the prosecutrix i.e. P.W. 8 were examined and cross-examined. P.W. 4 Dr. Manju Kumari, who had examined the prosecutrix and prepared the medical report / supplementary medical report, has also been examined and cross-examined.

4. Sri Neeraj Kumar, the learned counsel for the appellant, after referring to the entire evidence and the materials on record, has argued that the prosecution has not proved its case beyond all reasonable doubt, hence, the learned Trial Judge has incorrectly passed the judgment of conviction under challenge. It has been argued that all the independent witnesses, i.e. P.