JUDGMENT : Joymalya Bagchi, J. 1. The appellant was convicted for commission of offence punishable under Section 376(2)(f) of the Indian Penal Code and directed to suffer rigorous imprisonment for five years and to pay fine of Rs. 2,000/-, in default, to suffer simple imprisonment for two months. 2. Prosecution case against the appellant is to the effect that the minor daughter of Hasir Mian was playing in front of her house on 20th May, 2004 around 5.00 P.M. At that time, the appellant took the child inside his room and ravished her. When the complainant returned home and started searching for the child, she found her in the room of the appellant. She was bleeding profusely. On enquiry, the victim informed that she had been raped by the appellant. The victim was sent to Malda Sadar Hospital on the next morning and was treated there for two days. On the written complaint of her mother, the instant case was registered. 3. Nobody appeared for the appellant. Mr. Anwar Hosssain, learned Amicus Curiae submits that there is no eye witness to the incident and, therefore, it cannot be said with certainty that the appellant had assaulted the victim. 4. On the other hand, Ms. Faria Hossain, learned advocate appearing for the State submits that the evidence of P.W. 8, the victim is corroborated by her mother. 5. P.W. 8, the victim was put questions by the Court in order to test her capacity to depose. She deposed that she was playing near her house. The incident took place three years ago. The appellant lifted her into his house and thereafter ravished her. Her mother took her to their house and she narrated the incident to her father, mother and grand-father. She was taken to the hospital where she was examined and she narrated the incident to police. The appellant is her relative. 6. P.W. 6, Roshan Bibi, the mother of the victim, deposed that she resided ather matrimonial home with her husband, her mother-in-law and two children. Her husband died two years after the incident. The appellant resided opposite to their house. The incident took place about 3 years and 3 months ago at 5.00 P.M. At the time of the incident, her daughter was 4 years old. She was playing in front of their house. After some time, she did not find the victim. Her husband died two years after the incident. The appellant resided opposite to their house. The incident took place about 3 years and 3 months ago at 5.00 P.M. At the time of the incident, her daughter was 4 years old. She was playing in front of their house. After some time, she did not find the victim. Upon search, she found the victim in the house of the appellant. Blood was coming out through her thigh. She took her daughter to their house. The victim told her that she had been raped by the appellant. As there was no vehicle at the night, she could not shift her daughter to the hospital and on the next day, the victim was taken to hospital where she was admitted for two days. After two days, they lodged a complaint with the police. Her daughter was medically examined and her statement was recorded by the Court. 7. P.W. 2 is the scribe of the F.I.R. He has proved the F.I.R. 8. P.W. 7 is the grand-father of the victim. He has corroborated the evidence of P.W. 1 and 8. 9. P.W.s 9 and 10 are the doctors who treated the victim and deposed thatshe had been sexually assaulted. 10. From the aforesaid evidence, I find that the version of sexual assault, as deposed by the P.W. 8, is corroborated by her mother, P.W. 6 and grand-father, P.W. 7. Medical evidence also supports the allegation of forcible sexual assault. Hence, I am inclined to uphold the conviction and sentence imposed upon the appellant. 11. The appeal is dismissed. 12. Period of detention suffered by the appellant during the investigation, enquiry and trial shall be set off against substantive sentence under Section 428 of the Code of Criminal Procedure. 13. Lower court records along with a copy of this judgment be sent down at once to the learned trial court for necessary action. 14. I record my appreciation to Mr. Anwar Hossain, Amicus Curiae, for the able assistance rendered in disposing of the appeal. 15. Photostat certified copy of this order, if applied for, be supplied expeditiously, after complying with all formalities.