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A co-ordinate bench of this Court in [Nanda Chatterjee and others vs State of West Bengal reported in 2015(4) CHN (Cal) 533] set aside the order of conviction on the ground that the learned Trial Judge could not appreciate the evidence of child witness properly and learned trial Judge solely relied on such evidence of child witness without having any corroboration thereof.

The facts in the said decision [(Nanda Chatterjee vs. State of West Bengal 2015(4) CHN (Cal) 533)] is not similar to the facts and circumstances as unfolded in the present case and accordingly we are unable to apply the said decision to the present case. In Prabhu Dayal vs State of Delhi (Supra) the Apex Court has further observed that the prosecution must be fair. There is no doubt with regard to the fairness of the prosecution in the instant case. The statement of Disha Laha was incorporated in the first information report. Had there been any ill intention on the part of the prosecution to falsely rope in the convict/appellant, in that event the prosecution could have incorporated the name of any adult witnesses in the first information report to establish that the victim was last seen with the convict/appellant. That having not been done, it is crystal clear that the prosecution was not unfair in upholding the cause of justice. In Karnel Singh vs. State of M.P. in (1995)5 SCC 518 the Apex Court has specifically held that it would not be right in acquitting an accused person solely on account of defective investigation and to do so would tantamount to playing into the hands of the investigating officer if the investigation is designedly defective. The evidence of prosecution witness no.16 Dr. Soumitra Sinha has depicted that the victim sustained abrasions of scapula, lumber region, left elbow on both sides of leg, cut injury over right angle of mouth, cut injury over right angle of eye. Dr. Sinha found that the vagina of the victim was lacerated with complete perennial tear and blood was coming out from vagina at the time of post mortem examination. Hyoid bone was found intact. As per the opinion, of Dr. Sinha the cause of death was Haemorrhagenic with Neurogenic shock due to vaginal laceration and complete perineal tear. The victim was aged about 8(eight) years at the time of such incident. The hapless victim could not bear the sexual assault on her person by the convict/appellant who for fulfillment of his lust tore apart the pericardium muscles of the victim resulting in death of the victim due to Haemorrhagenic and neurogenic shock due to vaginal laceration and complete perineal tear. The unfortunate victim could not bear the pain and shock on account of such sexual assault on her person and as such she died of constant bleeding. Such bleeding was found by PW16 (Doctor) even at the time of post mortem examination. That the victim was subjected to sexual assault is apparent from the post mortem examination report. However we do not find any evidence that the victim died of Asphyxia or that the victim was throttled to death. We also do not find any other injury on the person of the victim which may be described as the cause of death of the victim. Therefore it is crystal clear from such post mortem examination report that the victim was not murdered. Admittedly the evidence of murder does not find support from such post mortem examination report of the victim.