5 The learned counsel appearing for the appellant/accused would submit that there is no substantial material to convict the appellant for the offence under Section 376 r/w 511 IPC. Originally case was registered for the offence under Section 354 and 323 IPC and thereafter altered into Section 354 and 376 r/w 511 IPC without even any material. According to victim girl, she lodged complaint on the following day of occurrence at about 3.00 p.m. and went to Hospital for treatment accompanying by a women police. After four days of the occurrence, she again went to the Hospital accompanying her parent for treatment for her injuries, but, no record was produced regarding the treatments. P.W.4, the Doctor, one who examined the victim girl, has deposed that the victim girl was brought to the Hospital after the lapse of 17 days from the date of occurrence. But, prosecution has not offered any reason for the above delay, which creates doubt in the case of the prosecution. P.W.6, the Investigating Officer, in his evidence has clearly stated that the victim girl did not say that the appellant committed rape on her and further he did not examine the police, who registered the FIR. The person, who wrote the complaint was not examined by the prosecution and same
