ASHIM KUMAR ROY, J.:

In this appeal the appellant Rabi Dalui @ Rabin Dalui has challenged his conviction under Section 376 (2)(f) IPC and sentence of rigorous imprisonment for 10 years with fine and default clause passed by the learned Additional Sessions Judge, 12th Court, Alipore in Sessions Trial No. 02 (02) 2007.

2. The prosecution case according to the FIR goes like this;

On 24th January 2006 sometime in the afternoon the PW/2 Manu Dalui found her daughter, PW/3 aged about 6 years was bleeding from vagina. At once she was taken to Vidyasagar Hospital but as she could not be admitted there she was removed to M.R. Bangur Hospital where on the same day she was admitted under Dr. Subodh Kumar Bera (PW/9). Thereafter on 30th January 2006 while PW/3 was undergoing a surgical incision, on being asked by her attending doctor in presence of her mother, the victim girl disclosed that on last Saturday in the afternoon the appellant Rabi Dalui, the cousin brother of her father took her inside his room and raped.

3. During the trial prosecution examined as many as 12 witnesses, while defence examined one.

4. The learned Counsel appearing on behalf of the appellant contended before