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In her statement under section 164 Cr.PC she stated that the accused took her to his house, removed her panty and then inserted and rub his penis into her vagina. She in her evidence before the Court as well as in her statement under section 164 Cr.PC stated that accused gagged her mouth by using his one hand and after committing the offence accused gave her one rupee coin and left his home.

34. PW-2 had deposed that her victim daughter is residing at Bihdia at her parent's house and she is residing in a rented house at Bijuli chowk. She stated that on the date of incident, the accused called her daughter to his house. Thereafter, he took her daughter to his bedroom, removed her panty and inserted his penis into vagina of victim, and daughter-in-law of accused told her about the incident to which she asked her daughter and then her victim daughter disclosed the incident to her that accused after removing her panty inserted his penis into her vagina. She in her ejahar and deposition consistently stated that accused took her daughter from outside her house to his house where incident of rape was committed. In the ejahar, PW-2 stated Page No.# 14/32 that accused took victim to his house. She stated that taking her daughter the accused removed her daughter's panty, inserted his penis into her vagina. PW-2 specifically stated the place of occurrence which is the house of accused and accused took her daughter from her parent's house, whose house is near accused house. Thus, there is no contradictions as the statement of the informant made in the ejahar, before police and court clearly shows only one place of occurrence which is accused house where the incident of sexual offence took place.

35. Evidence of PW2 is that accused took his daughter to his bedroom, removed her panty and inserted his penis into vagina of victim and daughter in-law of accused told her that her victim daughter was rubbing her vagina with the panty, to which she asked her daughter and then her victim daughter disclosed the incident to her that accused after removing her panty inserted his penis into her vagina. Police seized birth certificate of her daughter and dress. Ext.2 is the ejahar, Ext.3 and Ext.4 are seizure list of birth certificate and wearing apparel of the victim. In cross she stated she lodged the ejahar after coming to know about the incident on the third day and knowing the incident she checked her daughter's private parts and found reddish colour. She noticed white discharge in the panty of her daughter. In her cross she stated that there is boundary dispute between her paternal family and accused family and after lodging the ejahar, accused came to attack her mother and another quarrel took place and at that time she was present at her parent's house and prior to lodging the ejahar there was a quarrel between her parent's family and accused family but that time she was not present. She denied lodging of ejahar due to land dispute. Such statements are not fatal to the prosecution case even if there is minor contradiction in a Page No.# 15/32 case like the present one when all other testimony is credible and trustworthy.

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48. The consistent statements of victim that she was called by accused from her courtyard after taking her at his house, he removed the victim's panty and then insert and rubbed his penis into her vagina in her statement recorded under section 164 Cr.PC and under section 161 Cr.PC are credible and reliable. Police recorded statement on the date of lodging the ejahar, learned Magistrate recorded her statement on 23.02.2019 and her evidence was recorded before the court in camera on 26.07.2019 and she in all the stages made same statement that accused by taking her to his house from her courtyard removed her panty and insert and rubbed his penis into her vagina.

52. Evidence of PW8 states that on examination of the victim, she found her external genitalia was healthy, hymen not seen, probably ruptured, tenderness positive on monos pubic and labia majora and minora, vagina admits only tip of the little finger, vaginal swab taken but no sperm found. The mother of the victim girl had seen redness in vagina of the victim and white discharge and hymen not seen cited by doctors probably ruptured and tenderness present. Defence tried to explain that hymen may be ruptured due to some other reason such as fall from bicycle on ground or injury caused by any other objects but while cross examining the PW-1, no question was put to her that whether she rode bicycle and fell from bicycle either on the date of incident or on earlier occasion. Ruptured, swelling and tenderness positive on monos pubic and labia majora and minora indicates sexual assault on the victim, the absence of semen may be due to medical examination of the Page No.# 22/32 victim after 48 days of the incident and washing of her clothes and her private parts, therefore, absence of semen does not weaken the prosecution case when injury found on the private parts of the victim who is a girl of 10 years. The oral as well as medical examination established that on the date of incident accused took victim to his house, removed her panty and insert and rubbed his penis into her vagina, clearly establishes the guilt of the accused. The victim categorically stated that the accused inserted and rub his penis into her vagina. The victim is a minor and was aged below 12 years, the prosecution has proved the guilt of the accused beyond all reasonable doubt.