S.C. Das, J.

1. This criminal appeal under Section 374 of CrPC is directed against the judgment and order of conviction and sentence dated 30.06.2006, passed by learned Assistant Sessions Judge(Court No. 1), West Tripura, Agartala, in Sessions Trial No. 59 (WT/A) of 2005. Learned trial Judge found the accused appellant, Nani Gopal Sarkar guilty of committing offence punishable under Section 376(2)(f) of IPC and sentenced him to suffer RI for eight years.

Being aggrieved with the judgment and order of conviction and sentence, the appellant preferred the present appeal, on different grounds.

This is an exceptional case of sexual molestation of a destitute minor girl, aged about 7/8 years, who lost her father in her early childhood and also deserted by her mother. She subjected to rape by a full grown man, aged about 40, a constable of police by profession, whom the minor girl used to call as grandfather.

1.1 Facts, leading to the criminal trial and consequent punishment of the accused appellant, in short, are that the minor girl "Archana" (actual name kept withheld) was residing with her paternal uncle (elder brother of her father), Rasaraj Acharjee (PW 1) along with her grandmother (father's mother) and aunt (father's sister). Her father died in her early childhood and mother deserted her. At the relevant time, she was aged about 7/8 years. On 20.08.2004, a Friday, at about 3.00 pm, she went to the nearby tilla land, adjacent to the house of her uncle for grazing a goat and, at that time, the accused Nani Gopal Sarkar, a constable of police, whom she used to address as grandfather, with an allurement of giving her 'chanachur' (dalmut), took her in the near by jungle, laid her on a napkin, and thereafter made her naked and the accused also became naked and he committed rape on her. She felt pain in her private parts but could not raise cries as the accused gagged her mouth. The accused after commission of rape threatened her not to disclose the incident to anybody else. Though she was feeling pain and uneasy, she did not disclose the fact immediately thereafter. On 23.08.2004, her grandmother (mother's mother) (PW 4), Sova Rani Acharjee, who used to visit the house of informant occasionally to see the prosecutrix, came and at that time the prosecutrix disclosed the incident to her. Thereafter, Sova Acharjee informed PW 1, the informant, Rasaraj Acharjee about the incident and Rasaraj also asked the prosecutrix about the incident to which she disclosed the fact in details. PW 1, the uncle of the prosecutrix and PW 4, grandmother of the prosecutrix, went to Nakul Sarkar (PW 5), the Member of the Gram Panchayat and reported the incident, who informed the village Pradhan i.e. PW 7 and others including PW 6, Dulal Bhandary. They asked the informant to wait and called the accused to enquire about the incident as alleged by the prosecutrix but the accused did not turn up. The injury suffered by the prosecutrix in her private parts also aggravated and the villagers advised them to report the incident to the police and, so, the informant along with PWs 4 and 6 took the prosecutrix to IGM hospital for treatment, where the prosecutrix was examined by the doctor and, thereafter, PW 1, the uncle of the prosecutrix lodged an FIR with the Officer In-charge of Amtali P.S. on 31.08.2004. The informant narrated the fact in the FIR, which was reduced to writing by SI Manindra Ghosh (PW 14) and, accordingly, Amtali PS Case No. 60/2004 under Section 376(2)(f) of IPC was registered and SI Manindra Ghosh was entrusted with the charge of investigation.

1.2 In course of investigation, IO examined the material witnesses including the victim girl and arranged her medical examination and ossification test to ascertain her age and collected the reports thereof. He also produced the prosecutrix before the Judicial Magistrate, First Class, who recorded her statement under Section 164 of CrPC. On completion of investigation, IO submitted charge sheet agains