1. By this appeal, the appellant/accused is challenging the Judgment and Order dated 29/06/2013 passed by the learned Additional Sessions Judge, Mumbai in Sessions Case No.72 of 2013 thereby convicting the appellant/accused of the offence punishable under Section 376(2)(f) of the Indian Penal Code. He came to be sentenced to suffer rigorous imprisonment for seven years apart from imposition of fine of Rs.5,000/- and default sentence of rigorous imprisonment for three months.

2. Facts in brief leading to the prosecution of the appellant/accused are thus :

(a) First Informant/P.W.No.2 Shantaben is grandmother of the victim female child/P.W.No.1. The victim female child/P.W.No.1 was about seven years of old at the time of the incident which took place on 05/07/2012. She was residing in a rented house along with her brother Varun, parents and grandmother P.W.No.2 Shantaben. Father of the appellant/accused was the landlord. On 05/07/2012, parents of the victim female child/P.W.No.1 went for searching alternate accommodation. The victim female child/P.W.No.1 along with her brother Varun and grandmother P.W.No.2 Shantaben were in the house which ran out of water. Hence, P.W.No.2 Shantaben asked the victim female child/P.W.No.1 to request to landlord Bharat Gavand to start supply of water to the tap. Then, P.W.No.2 Shantaben along with Varun went for fetching the water. At that time, the appellant/accused took the victim female child/P.W.No.1 with him by pressing her mouth to a secluded place. He denuded her, put his finger in her vagina. The appellant/accused then committed rape on the victim female child/P.W.No.1.

(b) By getting herself freed from the clutches of the appellant/accused, the victim female child/P.W.No.1 ran towards her house. In the meanwhile, her brother Varun told the fact of taking the victim female child/P.W.No.1 by the appellant/accused to P.W.No.2 Shantaben. She also rushed out of the house. The victim female child/P.W.No.1 disclosed the incident as happened with her to P.W.No.2 Shantaben. The appellant/accused also came there and told that he has committed the mistake.

(c) Parents of the victim female child/P.W.No.1 returned to the house at about 9.30 p.m. They made inquiry from the victim female child/P.W.No.1. Thereafter, police control room was telephonically contacted. The police came. The appellant/accused was apprehended. P.W.No.2 Shantaben then lodged report of the incident to Trombay Police Station, Mumbai on 06/07/2012. That is how Crime No.133 of 2012 came to be registered against the appellant/accused for the offence punishable under Section 376 of the Indian Penal Code.

(d) During course of investigation, clothes of the victim female child/P.W.No.1 so also that of the appellant/accused came to be seized by executing seizure panchanama in presence of panch witness P.W.No.3 Mohammed Mirza and P.W.No.6 Hussain Shaikh. The victim female child/P.W.No.1 was initially taken to Nagpada Police Hospital where she was examined by P.W.No.4 Dr. Suchita Phad. Thereafter, she was taken to the J.J.Hospital, Mumbai where P.W.No.5 Dr. Deepali Elgire examined her. On completion of routine investigation, the appellant/accused came to be charge-sheeted.

(e) The learned trial Court framed the charge for the offence punishable under Section 376(2)(f) of the Indian Penal Code. The appellant/accused pleaded not guilty and claimed trial.

(f) In order to bring home the guilt to the appellant/accused, the prosecution has examined in all seven witnesses. The victim female child was examined as P.W.No.1. Her grandmother First Informant/Shantaben was examined as P.W.No.2. Panch witness to the spot panchanama (Exhibit 16) namely Mohammed Mirza was examined as P.W.No.3. Dr. Suchita Phad was examined as P.W.No.4. Dr. Deepali Elgire was examined as P.W.No.5. Panch witness to the seizure panchanama of clothes of the victim female child/P.W.No.1 (Exhibit 25) namely Hussain Shaikh was examined as P.W.No.6. Investigating Officer Sarik