The reliability and trustworthiness of the victim's testimony, along with medical evidence, can establish guilt in cases of sexual offenses.

JUDGMENT

1. This appeal arises out of the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court-II, Krishnanagore, Nadia in Sessions Case No. 45(9) 2002.

2. By the judgment the appellant, Sentu alias Prasenjit Sannyal, was convicted for commission of offence punishable under Section 376 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000/-; in default, to suffer rigorous imprisonment for two months more.

3. To put briefly, the prosecution case may be stated as under:

4. On 17th November, 2000 the victim girl then aged about eight years, the daughter of the informant Gobinda Sarkar, went to the house of Subal Halder to listen 'Kirtan' song. At that time the appellant, Sentu alias Prasenjit Sannyal, came to the victim girl, who was then holding a three cell torch light in her hand. The appellant lifted her on his lap and brought her by the side of a bush situated on the carve of a road running by the side of the house of Sajal. After bringing her there, the appellant forcibly put off her pant and sexually ravished her against her will. After committing rape the appellant left her there and went away. Thereafter the victim girl came to her house and narrated the incident to her mother Sankari Bala Sarkar with tears in her eyes. Her wearing apparels was drenched with blood and blood was oozing out from her private parts. The victim girl was brought to Karimpur Hospital for medial treatment and was medically treated there.

5. Narrating the episode as above, the informant, Gobinda Sarkar, lodged a First Information Report at the local police station and on the basis of the FIR lodged by him one Murutia P.S. Case No. 109 of 2000 dated 18.11.2000 under Section 376 of the Indian Penal Code was registered against the appellant for investigation. During the course of investigation the Investigating Officer arrested the appellant and forwarded him to Court. He seized the blood stained wearing apparels of the victim girl. The Investigating Officer had also arranged for medical examination of the victim girl as well as the appellant. Besides, the Investigating Officer made a prayer before the Sub-Divisional Judicial Magistrate for recording the statement of the victim girl under Section 164 of the Code of Criminal Procedure and her statement was recorded accordingly. The Investigating Officer examined the available witnesses under Section 161 of the Code of Criminal Procedure and recorded their statements. After collection of the medical examination report and the copy of the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, the Investigating Officer submitted the charge sheet against the appellant under Section 376 of the Indian Penal Code.

6. After the case was committed to the Court of learned Sessions Judge, Nadia, the learned Sessions Judge transferred the case to the learned Additional Sessions Judge, Fast Track Court-II, Krishnanagore, Nadia for disposal.

7. Charge under Section 376 of the Indian Penal Code was framed against the appellant by the learned Trial Judge. During the trial the prosecution examined as many as nineteen witnesses.

8. After hearing the learned lawyer appearing for the State and the learned lawyer appearing for the appellant herein, the learned Trial Judge by the impugned judgment convicted the appellant for commission of the offence as above and awarded the sentence to him in the manner as indicated above.

9. The appellant in this appeal assails the judgement and order of conviction passed by the learned Trial Judge on the ground that the learned Trial Judge erred in arriving the finding that the appellant committed rape on the victim girl.

10. Since the instant appeal is the first appeal before this Court, I scrutinize the evidence, both oral and the documentary.

11. Amongst the witnesses examined on the part of the prosecution, P.W. - 12 is the victim gi