The main legal point established in the judgment is the credibility of the victim's testimony in cases of rape and the significance of medical evidence to corroborate the offence.

JUDGMENT :

A.M. BADAR, J.

1. By this appeal, appellant/convicted accused, Rajendra Paswan @ Mauga is challenging the Judgment and order dated 12.04.2016 passed by the learned 9th Additional Sessions Judge, Gaya in Sessions Trial No. 50 of 2016 between the parties, thereby convicting him of the offences punishable under Sections 376 and 323 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years apart from imposition of fine of Rs. 5,000/- and default sentence of further rigorous imprisonment for two years for the offence punishable under Section 376 of the Indian Penal Code. He is sentenced to pay fine of Rs. 500/- and in default to undergo imprisonment for seven days for the offence punishable under Section 323 of the Indian Penal Code. For the sake of convenience, the appellant shall be referred to in his original capacity as “an accused.”

2. Facts leading to the prosecution of the accused projected from the police report can be summarized thus:

(A) First Informant-PW-6 Mr. R. (identity concealed) used to reside at village-Mohanpur under the jurisdiction of Nalanda Police Station along with his family members including his wife PW-1 Mrs. K. (identity concealed), son PW-7 Mr. K. (identity concealed) and the victim of the crime in question Ms. J. (identity concealed), who at the relevant time was aged about five years.

(B) The incident allegedly took place on 24.05.2012. On that day, the accused enticed and took PW-4 Ms. J. to the newly constructed latrine at the S.T. Stand of the village. There he had committed forcible sexual intercourse with the victim female child. Thereafter the accused gave a coin of Rs. 1/- to the victim for having eatables. The victim returned to her house and told her mother PW-1 Mrs. K. that she is suffering pain at her private part. Her mother checked and found that there was injury to the private part of the victim and blood was oozing from it. Upon being asked, the victim female child disclosed the incident to her mother PW-1 Mrs. K. Thereupon, PW-1 Mrs. K. went to the accused who used to reside in the neighbourhood for questioning him. The accused then assaulted PW-1 Mrs. K. and had beaten her by pulling her hair.

(C) After returning of PW-6 Mr. R. from work, he came to know about the incident of commission of rape on his minor daughter. He, therefore, went to the Police Station Bodh Gaya and lodged report against the accused which has resulted in registration of Crime No. 128 of 2012 for the offences punishable under Sections 376, 323 and 504 of the Indian Penal Code.

(D) The victim female child was then sent to Prabhawati Hospital, Gaya, where PW-5 Dr. Punam Kumari had examined her. Statement of witnesses came to recorded and on completion of investigation, the accused came to be charge sheeted.

(E) The learned trial court framed and explained the charges to the accused. He pleaded not guilty and claimed trial.

(F) In order to bring home the guilt to the accused, the prosecution has examined in all nine witnesses. The defence of the accused was that of total denial. He however did not enter in the defeance.

3. After hearing the parties, by the impugned Judgment and order, the learned trial court was pleased to convict the accused and to sentence him as indicted in the opening para of this Judgment.

4. Heard the learned counsel for the appellant/accused. In his submission, the prosecution has failed to prove the guilt of the accused on the basis of evidence adduced by it. None appeared for the State.

5. I have carefully examined the record and proceedings and I have considered the submissions so advanced by the learned counsel for the appellant/accused.

6. The case in hand is that of commission of rape on the victim female child PW-4, Ms. J. By now, it is well settled that rape is a ghastly act which leaves the victim shattered for the life as it causes not only physical but emotional and psychological trauma to the victim. Sexual activities with young girls of immature age