JUDGMENT :

S.S. SHINDE, J.

1. At the outset it is required to be noted that since the allegations leveled by the victim against the respondent are in respect of the alleged sexual assault, therefore, identity of accused-respondent and the victim girl needs to be concealed. The accused-respondent and victim girl is referred to as XYZ and ABC, respectively. Registry to maintain the record accordingly.

2. This appeal is preferred by the State challenging the judgment and order dated 25.08.2000 passed by the Additional Sessions Judge, Nashik, thereby acquitting the accused for the offence punishable under Section 376 of Indian Penal Code, 1860 (for short ‘IPC’).

3. The prosecution story in short can be summarized as under :-

The Respondent-Original Accused at the relevant time was residing at the upper floor of the house of complainant’s father-in-law namely Dwarkanath Joshi. The victim at the relevant time aged about 5 years, was residing with her grant father. On 07.03.1997, at about 6.30 pm., the victim girl asked for another pant (nicker) as she wanted to change her pant. Complainant i.e. mother of the victim girl saw blood stains on the nicker of victim girl. The complainant also witnessed blood on the thighs of victim girl. She asked the victim what is happened with her? The victim girl told her that XYZ, who was staying at the upper floor of their house, took her in nearby wada at upper floor in one room and in that wada he removed her nicker and got her lie on the cot. Thereafter, said accused inserted his penis in her vagina. Complainant narrated her incident to her father-in-law and mother-in-law Vimal. She took victim at the hospital of Dr. Bedmutha. Dr. Bedmutha examined her and asked her to take at the hospital of Dr. Sangita Bafna. Therefore, she took her at the hospital of Dr. Bafna. Dr. Bafna examined her and admitted her in the hospital. As the mental condition of the complainant was not proper and health of the victim girl was not good, the complainant could not inform the incident to the police station. Complainant lodged the complaint in the police station on the next date i.e. on 08.03.1997. On that complaint offence was registered. The victim was taken to the civil hospital. She was examined by medical officer. Spot panchnama was prepared. The accused was arrested. Nicker of victim and the clothes of the accused person were seized. Statements of the witnesses were recorded. Seized articles were sent to chemical analyzer and after completion of investigation chargesheet was submitted to the court of JMFC, Nashik, who in turn committed the case to the Court of Sessions.

Charge was framed against the accused to which he pleaded not guilty and claimed to be tried. His defence is of total denial. After a full fledged trial, the trial Court acquitted the accused for the offence punishable under Section 376 of IPC. Hence, this appeal.

4. Learned APP appearing for appellant-State invites attention of this Court to the evidence of prosecution witnesses and in particular evidence of Rajashree (PW8), the victim (PW9), Jaisingh Choudhary (PW5) and Kiran Waichale (PW6), and submits that there is no reason to disbelieve the prosecution case and in particular evidence of aforesaid witnesses which gets corroboration from the medical evidence on record. He invites our attention to the certificate given by PW4 at Exhibit-19 dated 10.04.1997 wherein it is mentioned that the pulse and blood pressure of victim girl was high, blood on middle portion of thighs, hymen was ruptured and there was forceful intercourse within 4 to 6 hours. He further invites our attention to the contents of Exhibit-24 i.e. the certificate given by PW7 and PW10 and submits that as mentioned in the said certificate that hymeneal ring inflamed, hymen swollen, vaginal examination not possible and there is sign of forceful intercourse attempted. He further invites our attention to the CA report and submits that result of analysis shows blood stains on clothes of vi