Jitendra Chauhan, J

1. On 2.12.1996, the Sessions Judge, Kapurthala charge-sheeted the accused-respondent under Section 376 of the Indian Penal Code for committing rape upon Sukhmaya, aged six years, on 20.7.1996.

2. The brief facts of the case stand reflected in para 2 of the order dated 3.1.1998 of the trial Court:

“That Tikka Bahadur complainant (PW7) was employed in Punjab Bones Mill G.T. Road, Chaheru. He along with his wife and children was residing within the Mills' Premises in the quarters. The complainant and his wife used to go for work in the factory daily at 8.00 a.m. and they used to return at 5.00 p.m. In their absence, their children in which included Sukhmaya (PW6), six years old daughter of the complainant, used to stay back at the quarter. On 20.7.1996, when the complainant and his wife Deo Kala returned from factory after work and reached their quarter at 5.00 p.m., they noticed that Sukhmaya was wearing a frock which was blood stained and blood was oozing from her private part. She was lying unconscious on a wooden bed. Tikka Bahadur complainant thought that she has suffered some injury and he accompanied with his wife Deo Kala took her to Civil Hospital,