JUDGMENT :

This appeal is directed against the judgment of conviction dated 28.06.2003 and order of sentence dated 30.06.2003 passed by the Court of Additional District and Sessions Judge-IV, Dhanbad in S.T. Case No.313 of 2000, arising out of Putki P.S. Case No.83 of 2000 dated 10.07.2000, corresponding to G.R. No.2012 of 2000, whereby and where under, the learned court below has convicted the sole appellant for the offence punishable under Sections 376/511 of the IPC and further sentenced him to undergo rigorous imprisonment for five years.

2. Briefly stating the prosecution case as unveiled in the written application of the informant Chandrawati Devi addressed the officer in-charge of P.S. Putki, district-Dhanbad on 10.07.2000 is as under;

The informant Chandrawati (PW-6) alleged in the said written application that on 7.07.2000 (Friday) at about 2.00 pm in the afternoon, she was cleaning wheat, when her daughter (victim, hereinafter referred as “victim”: name is withheld), aged about seven years came crying to her and told to her that Baiju Chacha (appellant) had called her to his house asking her to give a sum of Rs.5/- and after taking her away to his house, she forcefully laid