Heard, learned Amicus Curiae and learned A.P.P. for the State

2. Sole appellant stands convicted for the offence of rape under Section 376(2) (f) of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 10 (Ten) years with a fine of Rs.5,000/-, in default whereof, to suffer further simple imprisonment for three months by the impugned judgment dated 29.01.2013 and order of sentence dated 31.01.2013, passed by the learned Additional Sessions Judge-I, West Singhbhum at Chaibasa, in Sessions Trial No.101 of 2009.

3. On the basis of fardbeyan of the informant and father of the victim, Police has registered Manjhgaon P.S. case No.05 of 2009 dated 03.02.2009 under Section 376 of the Indian Penal Code against the sole accused/appellant.

The fardbeyan of the informant (Chaitanya Pingua) and father of the victim girl ('X') recorded by the Sub Inspector of Police and Officer-In-Charge, Ramesh Kumar, Manjhgaon P.S. at 15.00 Hrs. on 3rd February, 2009, inter-alia alleged as follows :-That on 02.02.2009 at around 5.30 in the evening, daughter of the informant aged 5 years old named ‘X’ came crying to the house and narrated that while she had gone near Tungri in the village for grazing their Oxen, the accused, Mankirai Boipai, son of Mohan Singh Boipai, resident of village-Tarapai, Tola-Hurdubsai, P.S.-Manjhgaon committed rape upon her. The informant found blood oozing out of her private parts after removing the clothes. The informant discussed the matter with his wife and since it was night by that time could not inform the Village Munda about the incidence. On 03.02.2009, in the morning he informed the Village Munda who advised him to go to the Police Station. Based on these allegations it has been asserted that accused, Mankirai Boipai committed rape upon his five years' old daughter named 'X'.

4. Investigation led to filing of charge sheet under the provisions of Section 376 of the Indian Penal Code against sole accused vide charge sheet no.6 of 2009 dated 28.02.2009.

5. Cognizance of the offence has been taken and thereafter the case has been committed to the Court of Sessions. Charges were framed under Section 376(2)(f) on 1st July, 2009, read and explained over to the accused in Hindi, to which he pleaded not guilty and claimed to be tried. Thus, the accused was put up for trial.

6. During the course of prosecution examined nine prosecution witnesses.

Budhni Kui, wife of the informant and Mother of the victim, P.W.1, Chaitanya Pingua, informant and father of the victim, P.W.2, Budhadeo Pingua -P.W.3, Subhram Pingua -P.W.4, victim girl -P.W.5, Biran Pingua -P.W.6, Madho Pingua-P.W.7, Lal Muni Ram, Investigating Officer -P.W.8 and Dr. Neeru Jha, Medical Officer as P.W.9.

7. The following exhibits were adduced by the prosecution during the course of trial.

Signature of Budhdeo Pingua (P.W.3) on fardbeyan as Exhibit-1, signature of Budhdeo (P.W.3) Pingua on production-cum-seizure list as Exhibit-2, formal F.I.R. as Exhibit-3, Fardbeyan as Exhibit-4, production-cum-seizure list as Exhibit-5, Medical Report as Exhibit-6 and F.S.L. reports as Exhibits-7 and 7/1.

The informant was examined as P.W.2 and the victim girl-'X' was examined as P.W.5 after certification by the learned trial Court that all the formalities had been followed and the witness is competent to depose as child witness. P.W.9 is the doctor, who has proved the injury report, which is marked as Exhibit-6. She was part of Medical Board which examined the victim girl 'X' on 04.02.2009 at 12.15 Hrs. with written consent and LTI of her father (P.W.2). The victim girl was brought and identified by the police constable (Dudnath Singh Yadav) of Manjhgaon P.S. and her father as well. After conclusion of the evidence of the prosecution, the material evidence were put to the accused, while recording his statement under Section 313 Cr.P.C., to which he pleaded innocence and stated in answer to question no.3. that he had been implicated in respect of the land. Upon cons