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2. The prosecution case, in brief, is that on 30.03.2013 at about 5 P.M. victim aged about six year, daughter of Smt. Shamim Jahan (PW1) along with her elder daughter Sahar Bano (PW4) went to play at her under construction house. The house of the appellant is situated near to the house of Shamim Jahan (PW 1). Sahar Bano (PW 4) elder sister of victim went back to her house and finding the victim alone, appellant took the victim inside his house and undressed her undergarment (panty) and was attempting to rape upon the victim. On the voice raised by the victim, Shamim Jahan (PW1) along with her daughter Sahar Bano (PW 4) sent inside the house of appellant where appellant was attempting for rape laying the victim on earth and seeing the complainant (PW1), the appellant fled away. It was told by the victim to Shamim Jahan (PW1) that after offering toffee to her took the victim inside his room and laying on earth attempting to rape.

15. Having heard the learned counsel for the parties and perused the record.

16. After the aforesaid arguments, the things, which emerge, are discussed as under.

17. PW 1 is Smt. Samim Jahan, first informant of the case and mother of the victim, in her deposition before the trial court, has deposed that her daughter (victim) was aged about six years at the time of incident. It was further deposed that her daughter victim went to play along with her elder sister Sahar Bano in their under construction house. It was further deposed that elder sister of victim Sahar Bano returned to her house and victim was still playing over there and appellant, who resides adjacent to the house of the informant, called the victim to his house and committed rape upon her. It was further deposed by PW 1 that due to alarm raised by victim, she reached at the spot and saw the appellant committing rape upon her daughter and appellant fled away. It was also deposed that there was bleeding of the victim and on being asked, the victim told that the appellant offered her toffee and thereafter committed rape upon her.

23. PW 6 Kailash Nath Constable Muharrir has deposed that on 31.03.2013 posted at Police Station Panchpedwa and first information report was lodged at 00.45 a.m. on written application of the informant Samim Jahan and registered as Case Crime No. 126 of 2013, under Sections 576/511 IPC and Section 8 of POCSO Act, Police Station Panchpedwa, District Balrampur.

24. The victim has been examined as child witness as PW 7 before the trial court. The victim has deposed that the appellant has committed rape upon her, of which report was lodged by her mother. It was deposed that she went to the police station and she has informed to the police that when she was playing, appellant came there and gave a toffee to her and then asked her to bring water in a jug. It was further deposed that when she came with water, the appellant took her to his home and put her on cot and committed rape upon her. It was further deposed that her mother came and upon which the appellant fled from spot. It was further deposed by the witness that there was bleeding from private part and she was in pain. She further deposed that she was medically examined and incident is of before four years. Appellant took her to his home on pretext of offering toffee where she was put on the cot, thereafter appellant removed her cloth and committed rape upon her. It was further deposed that on alarm being raised, her mother came there and then the appellant left her and fled away. It was further deposed that there was bleeding from her private part.

27. Victim was examined as PW 7 before the trial court and in her examination-in-chief has in most clear terms stated that the appellant offered him toffee and asked her to bring water in a Jug and then she came along with water, the appellant called her inside the house where she was laid on cot and clothes were removed and rape was committed upon her by the appellant. Narration of the incident by the witness clearly goes to establish that the appellant offered toffee to the victim and asked her to bring water from jug and when the victim came with the water in jug, she was called by the appellant in house where the appellant removed cloth of the victim and committed rape upon her.