The need for the victim's testimony to be credible and of sterling quality, and the benefit of doubt in favor of the accused.

1. Aggrieved by a judgment dated 21.07.2003 of learned Addl. Sessions Judge in Sessions Case No. 63/2001 arising out of FIR No.40/01 PS Khajoori Khas by which the appellant – Aslam @ Akram was convicted under Sections 366/376 IPC, he has filed the instant appeal. By an order dated 22.07.2003, he was awarded RI for ten years with fine Rs.10,000/- each under Sections 366/376 IPC. Both the sentences were to operate concurrently.

2. Briefly stated, the prosecution case as set up in the chargesheet was that on 25.02.2001 at about 07.00 P.M. from 20 Foota Road, A Block, Shree Ram Colony, the appellant kidnapped prosecutrix ‘X’(assumed name) a minor from the lawful guardianship of her parents without their consent and thereafter sexually assaulted her. The police machinery was set in motion when victim’s father–Mustaq Ahmed lodged Missing Person Report (Ex.PW-3/A) at 07.45 P.M. at Police Station Khajoori Khas. SI Ajay Kumar along with HC Surender, Const. Ram Gopal and Const. Devender, on receipt of the information, immediately went to a deserted plot at Gokalpuri. The appellant was found in the company of ‘X’ who was lying naked there. The appellant was arrested at the spot. The Investigating Officer after recording statement of the victim’s father–Mustaq Ahmed (Ex.PW-3/B) lodged First Information Report by sending rukka (Ex.PW-15/A) at 12.45 A.M. ‘X’ was taken for medical examination. Statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was filed against the accused for the commission of the aforesaid offences. The prosecution examined sixteen witnesses to establish its case. In 313 Cr.P.C. statement, the appellant denied his involvement in the crime and pleaded false implication. The trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, the appellant has preferred the instant appeal.

3. I have heard the learned counsel for the parties and have examined the file. Indisputably, ‘X’ aged around 6/7 years was kidnapped and sexually assaulted. The crucial aspect for determination is whether the appellant was the author of the crime. The prosecution witnesses have given divergent and inconsistent versions. It has come on record that the appellant was also involved in FIR No.31/01 of PS Khajoori Khas under Sections 363/376 IPC and Investigating Officer in the said FIR was also SI Ajay Kumar, the Investigating Officer in this case. In that case, SI Ajay Kumar had visited with the prosecutrix in the said FIR to the spot where allegedly, he had sexually assaulted her. This had led the Investigating Officer to suspect the perpetrator of the crime of this FIR to be present at the said plot along with the prosecutrix ‘X’. Accordingly, PW-15 (SI Ajay Kumar) along with other police officials immediately, on receipt of DD No.13A (Ex.PW-3/A), went there. Strange enough, the appellant and the prosecutrix ‘X’were found at the said very place which was earlier used by the appellant for committing similar offence in case FIR No. 31/01 of PS Khajoori Khas. It is significant to note that the appellant has been acquitted in the said FIR by a judgment dated 04.10.2002. Learned counsel for the appellant in the written submissions on record has stated that in para No.5 of the said judgment, it was observed “It appears that the accused was arrested without any rhyme or reason. It is well known that when one robber is arrested, the police tries to involve him in untraced cases of robberies.” In the said judgment it was further observed that the Investigating Officer had made a clumsy attempt to frame the accused in this case. It is further relevant to note that the appellant was also implicated in another FIR No. 343/2000 P.S. Khajoori Khas under Sections 363/376/506 IPC. As per written submissions on record, the appellant was acquitted in the said case vide judgment dated 04.09.2001 and it was observed by the Court “Despite sustained cross-examination on beh