1. Heard Mr. A. K. Gupta, learned Amicus Curiae appearing for the appellant and also heard Mr. D. Das, learned Addl. Public Prosecutor appearing on behalf of the State of Assam.

2. The informant Ranju Devi lodged an ejahar/FIR before the I/c, Namtola P.S. alleging inter alia that on 18.05.2012 at about 4.00 P.M., sister of accused namely Jyoti called her daughter/victim to play carom with her. After sometime Jyoti left the place to go toilet and the accused, who was sleeping at that time woke up and tried to rape her daughter by removing her apparels. The accused had caused scratched injuries on the neck of the victim.

3. On receipt of the aforesaid FIR on 19.05.2012, by the In-charge, it was registered as Namtola P.S. Case No.21/2012 under Section376/511 of IPC.

4. During the course of investigation, the victim girl was medically examined by the doctor. The statement of the victim girl was recorded under Section 164 of CrPC as well as the statements of the other witnesses were also recorded u/s 161 of CrPC. The Police on completion of investigation filed charge-sheet in the against the accused, Gautam Gayari under Section 376/511 of vide Sessions Case No. 115(S-C)/2