Partial penetration is sufficient to constitute the offense of rape, and the absence of injuries on the victim's private parts does not necessarily negate the occurrence of rape.

G. P. MATHUR, J.

( 1 ) THIS appeal has been preferred under Section 2 (A) of the supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 against the judgment and order dated 16. 8. 2006 of Goa Bench of bombay High Court by which the appeal filed by the State was allowed and judgment and order dated 28. 7. 2004 of First Ad hoc assistant Sessions Judge, Panaji in Sessions Case No. 1 of 2004 acquitting the accused was set aside. The High Court convicted the appellant Rajendra under Sections 376 (2) (f) and 342 IPC and sentenced him to ten years R. I. and a fine of Rs. 10,000/- under the first count and one month's R. I. and a fine of Rs. 1,000/- under the second count.

( 2 ) THE case of the prosecution, in brief, is that PW-2 Satyam Ahire along with his wife PW-1 Pushpa and three children was residing in usgao in Ponda. He was working as a security officer in Bethora industrial Estate. In the evening of 14. 10. 2003 his eldest daughter supriya was studying at her home while the second daughter PW-8 sonia, aged about six years, was playing in the courtyard of his house. PW-4 Mohandas Gaonkar, uncle of Pushpa, owned some rooms close by which were given on rent to some boys who were working in the nestle factory. The accused Rajendra was living on rent in one of these rooms. At about 5. 00 P. M. on 14. 10. 2003 PW-1 Pushpa heard cries of her daughter Sonia from inside the room, which was in occupation of the accused Rajendra. She went to the room and found it closed from inside and, therefore, she knocked at the door. After some time the accused Rajendra opened the door of the room. She enquired from the accused as to what he was doing inside the room along with her daughter but he kept quiet. On enquiry Sonia told her mother that the accused Rajendra took her inside his room while she was playing in the courtyard. He closed the door, switched off the light and forced her to lie down on the mat. Thereafter the accused removed her panty and also removed his own pant and lied down over her. He inserted his private part in the private part of Sonia and did some movement. Pushpa then brought Sonia to her own house and called her sister and other family members. After Satyam Ahire (father of Sonia) had come back, they went to the Police Station, ponda where they reached at about 9. 00 P. M. The PSI of Ponda police Station sent them to Medical College where Sonia was medically examined and the doctor confirmed that she had been subjected to rape. Thereafter a formal FIR was registered at 11. 45 p. M. on 14. 10. 2003 at P. S. Ponda.

( 3 ) AFTER the case had been registered at the police station the same was investigated by PW-11 Shivram Vaigankar, PSI. He recorded statements of witnesses under Section 161 Cr. P. C. The accused rajendra was arrested at 5. 00 A. M. on 15. 10. 2003 and the clothes which he was wearing were taken into custody. He also took in custody the clothes of the girl Sonia. He prepared a site plan and panchnama of the scene of occurrence in presence of two witnesses and also seized a bed sheet and nylon mat. A photograph of the room was also taken. After completing investigation he submitted charge-sheet under Sections 342 and 376 IPC against the accused Rajendra.

( 4 ) THE prosecution in support of its case examined 11 witnesses before the trial court and filed some documentary evidence. The learned Assistant Sessions Judge, after appraisal of the evidence, came to the conclusion that the case of the prosecution was not established beyond doubt against the accused Rajendra and he accordingly acquitted him by the judgment and order dated 28. 7. 2004. Feeling aggrieved by the judgment and order of the learned Assistant sessions Judge the State preferred an appeal before the High Court. The High Court, after a detailed consideration of the evidence, allowed the appeal and reversed the judgment of acquittal recorded by the Assistant Sessions Judge. The High Court convicted the accused under Section 376