JUDGMENT

Joymalya Bagchi, J. - A thirteen year old child with special needs and poor eye sight is alleged to have been subjected to penetrative sexual assault by the appellant, a mendicant who promised to cure her poor eye sight by massaging her with oil. P.W.1, father of the child (P.W.4) had met the appellant at the panchayat office. In lieu of Rs.400/- the appellant had promised to cure his daughter's eyesight with medicine. Accordingly, on 13.5.2013, appellant came to the residence of P.W.1 and went into a room with the minor while her parents remained outside. After half an hour, the appellant left the room. Upon entering the room, parents of the child (P.W.1 and P.W.2) found the victim naked and in senseless condition. Subsequently, the child disclosed to her mother (P.W.2) that she had been raped. Other relations and locals were also informed of the incident. The child was in a traumatized stage and was treated by one Dr. Panchamani Ghatak. On 15.6.2013, P.W.1 lodged first information report against the appellant under Sections 420/376(2)(l)/506 of the Indian Penal Code. In conclusion of investigation, charge sheet was filed and charges were framed under Sections 376(2)(l) of