JUDGMENT :

1. Heard Mr. K. Sarma, learned counsel appearing for and on behalf of the accused /petitioner as well as Mr. D. Das, learned Addl. P.P., Assam, representing the State respondent.

2. The prosecution case in brief is that on 25.04.2009, one Smti Jyoti Lahan lodged a written FIR with the Mikirbheta P.S. alleging inter alia that on 24.04.2009, at about 6:00 P.M., the accused person called her daughter aged 7 years to his house and committed rape on her. Accordingly the Mikirbheta P.S. Case No.60/2009 was registered u/s. 376(2)(f) IPC and took up investigation. On completion of the investigation, the I.O. submitted charge sheet against the accused u/s. 376(f) of the IPC.

3. During trial, the accused appeared before the Court and the learned trial Court, after hearing both sides and perusal of the case diary, charge u/s.376(2)(f) IPC was framed and read over and explained to the accused, to which he pleaded not guilty and claimed to be tried.

4. During the course of trial, the prosecution examined altogether twelve (12) witnesses including the Medical Officer and the I.O. The plea of the defence was of total denial and the defence examined none in support of his case. The statemen