2. The investigation commenced on 10.03.2017 when on the complaint of mother of the prosecutrix, an FIR was registered with the allegations that on 09.03.2017, the complainant had gone to work, and upon returning home, she was informed by her daughter that in complainant’s absence, the appellant, who was living in neighborhood, had come to their house and forcibly took her to his place where, after removing her underwear and his own clothes had committed the offence of rape. The complainant further stated that her husband had gone to work at night and on his return in the morning, the complaint was lodged. During the investigation, the statements of the child victim as well as her mother were recorded under Section 164 Cr.P.C. The child victim stated that while she was playing with her brother, the appellant came in their house and when they tried to force him out, he gagged her mouth and took her to his own room where he removed her underwear and committed the offence of rape. Her brother followed, and when he kicked open the door, she managed to run away. On framing of charge, the appellant pleaded not guilty and claimed trial.

3. In total, the prosecution examined 8 witnesses, wi