JUDGMENT :

S.K. Sahoo, J.

The appellant Khairi @ Santosh Kumar Das faced trial in the Court of learned Adhoc Addl. Sessions Judge, (Fast Track Court), Balasore in Sessions Trial Case No. 38/158 of 2002-2001 for offence punishable under section 376 of the Indian Penal Code on the accusation of committing rape on the victim girl on 12.08.2000 at about 5.00 p.m. in the village Bhimain under Nilagiri police station in the district of Balasore.

The appellant was found guilty of the offence charged and sentenced to undergo R.I. for seven years and to pay a fine of Rs.500/-, in default, to undergo R.I. for two months.

2. The first information report was lodged by one Padu @ Pradeepta Mallik (P.W.5) who happens to be the elder brother of the victim and he has mentioned in the first information report (Ext.3) that on 12.08.2000 in the afternoon at about 5.00 p.m. while the victim who was aged about eleven years was playing on the verandah of the house, the appellant came inside the courtyard and took her inside the house of the victim by dragging and made on flat on a bench, removed his pant upto his knee and then committed rape on the victim. When the victim cried aloud, another brother of the