JUDGMENT

NAVIN SINHA, J.

The appellant assails his conviction by the High Court under Section 376(2)(f) IPC, sentencing him to ten years rigorous imprisonment, with fine of Rs.5,000/- along with a default stipulation, after reversing his acquittal ordered by the trial court.

2. The prosecutrix PW-2, aged 9 years, was sexually assaulted on 20.02.2004 by an unknown, tall and thin person wearing white clothes. PW-3 Jasiben, accompanying the prosecutrix was also a minor. She informed PW-1 Ambaben, the mother of the prosecutrix. F.I.R. was lodged by PW-1 the same day. The medical examination of the prosecutrix was also done the same day, by PW-9 Dr. Meghna Narendrabhai Mehta. Sexual assault on PW-2 stood established by rupture of the hymen, with fresh blood oozing, and injury of 1.5 cm to 2 cm extending upto the lower part of the body. The appellant and one Dhirubhai Mulubhai Desai were taken into custody on suspicion. Test Identification Parade (T.I.P.) was conducted by PW-11, the Executive Magistrate, Dilipkumar Kantilal Rathod two days after the occurrence on 22.02.2004. The T.I.P. report Exhibit P38, bears the thumb impression of PW-2 who was accompanied by her mother. The appellant