31.10.2006 at about 2.00 p.m., when she had gone to attend the natures call near the village pond, accused/respondent No.1 reached there, caught hold of her, threatened her not to raise cries and detained her till 8.00 p.m. thereafter he took her to his house and after bolting the door from inside committed rape on her twice at night. She has stated that in the morning at about5.00a.m., respondent No.l^let herout, however instead ofgoingto her house she went to the house of one Jagan Chouhan and stayed there till 2.00 in the noon, thereafter she came along with Rijhu Ram (PW-3) to her house and lodged the FIR. Based on this, offence under Sections 363, 366, 342 and 376 IPC was register^d against the respondent No.l/accused . .'i Prosecutrix was medically examined vide Ex.P-15 by Dr.Smt. R.Toppo who has not found any external or internal injury on the person of the prosecutrix and she was habitual to sexual intercourse. She has further stated that for the determination of age, she referred the prosecutrix to the radiologist. The respondent No.l/accused was also medically examined vide Ex.P-17 by Dr. Y.K.Toppo and according to him he was capable of performing sexual intercourse. After investigation, charge sheet was filed under Sections 363, 366, 342 and 376 IPC and accordingly, charges were framed.
