The credibility of victim testimony and medical evidence is crucial in establishing charges of rape. Lack of evidence regarding the victim's age can impact the conviction under specific sections of the Indian Penal Code.

M.T. Joshi, J.

1. Heard both sides.

2. Aggrieved by the conviction recorded by learned Assistant Sessions Judge, Bhusawal, in Sessions Case No. 216 of 2014 for the offences punishable under section 376(2)(f), 448 and 506 of Indian Penal Code, present appeal is preferred by the original accused. The appellant was sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs. 5,000/- for the offence punishable under section 376(2)(f) of Indian Penal Code. He was sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/- for the offence punishable under section 448 of Indian penal Code. He was also sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 1,000/- for the offence punishable under section 506 of Indian Penal Code.

3. The prosecution case, in short, is as under:-

That, the present appellant's family was residing in the neighborhood of the complainant and the victim at Yawal, Dist. Jalgaon. On 4th June, 2012, PW1 complainant i.e. the mother of victim, along with her husband and elder son Dinesh had left the house for their regular labour work. Her another son and the victim who was eleven years old at the time of the incident, were in the house. At about 12:00 pm. in the noon, when the victim went to bathroom, the appellant entered in the bathroom. He undressed himself and thereafter, committed forcible sexual intercourse with the victim. At that time, blood started oozing from her vagina of the victim. Upon seeing the blood, the appellant ran away from the bathroom by giving threats of life to the victim. There was swelling to the vagina of the victim. Thereafter, the victim went to cot and slept on the same. At about 5:30 pm. when the complainant-mother of the victim came to the house, the victim told that she had stomachache. At that time, the complainant noticed blood on the bed. Upon taking into confidence, the victim narrated about the incident to the complainant. In the circumstances, the complainant initially took the victim to the hospital of Dr. Chandan Patil. He, however, told the complainant to lodge a report to the police. Therefore, the report came to be lodged at Yawal Police Station. Upon registration of the offence, PW6 - Ramdas Patil, PSI took over the investigation. The victim was referred to the Rural Hospital, Yawal wherefrom, she was referred to the Civil Hospital at Jalgaon. PW3 - Dr. Sachin Ahire, Medical Officer, Civil Hospital, Jalgaon examined the victim. Her vaginal swab was collected. Her clothes were seized. Panchanma of the spot was drawn. The appellant's clothes were seized. Statements of relevant witnesses were recorded. The property was sent for chemical analysis and on completion of necessary investigation, charge sheet came to be filed.

4. Before the learned Assistant Sessions Judge, in all six witnesses were examined, as narrated earlier. PW1 is the mother of the victim. PW2 is the victim. PW3 - Dr.Sachin Ahire is the Medical Officer. PW4 - Lahu Mali and PW5 - Prabhakar Dhangar are the panch witnesses to the recording of panchnama of the spot of occurrence and seizure of the clothes. PW6 - Ramdas Patil is the Investigating Officer.

5. The learned Assistant Sessions Judge found that the prosecution has proved its case beyond the reasonable doubt and therefore, the conviction and sentence, as detailed supra, came to be recorded. Hence, the present appeal.

6. Mr. Shaikh, learned counsel for the appellant took me through the evidence on record. He submitted that there was inmity between the family of the victim and the appellant. Besides this, there is a long standing dispute between Cobbler community and Matang community regarding the immovable property in the locality. The appellant and the victim belonged to these two different communities. Even, a complaint was filed by the appellant's mother against the mother of the victim in the past. The mother of the victim had, earlier, proposed to purchase the house of the appe