The weight of the victim's testimony in cases of sexual assault and the uncorroborated evidence of the prosecutrix.

S.P. Garg, J.

1. ‘X’ (assumed name) aged around 12 years was ravished on 16.05.2009 at about 02.30 p.m. on the roof of her House No.A-91, gali No.15, Ambika Vihar, Karawal Nagar when she had gone there to answer call of nature. Her parents were not present at the house that time. PW-2 (Kanti Devi) who lived in her neighbourhood happened to witness the incident from the roof of her house. The appellant succeeded to flee the spot before her arrival. She brought ‘X’ downstairs and promptly informed her father about the incident. When X’s parents reached home, they approached the police. Daily Diary (DD) No. 11A (mark PW-14/AA) came into existence at 03.55 p.m. at PS Karawal Nagar. The investigation was assigned to ASI Jeet Singh who with W.Const.Pinki Chaudhary went to the spot. After recording X’s statement (Ex.PW-1/A), the Investigating Officer lodged First Information Report by making endorsement (Ex.PW-14/A) over it. ‘X’ was medically examined. The accused was arrested.

Statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was laid before the Court. Charge under Sections 376/506 IPC was settled against the appellant to which he pleaded not guilty and claimed trial. To bring home the appellant’s guilt, the prosecution examined fifteen witnesses. In 313 Cr.P.C. statement, the accused abjured his guilt and pleaded false implication. DW-1 (Mamta) appeared in defence. The trial resulted in his conviction under Section 376/506 IPC by a judgment dated 24.02.2010 in Sessions Case No. 142/2009 arising out of FIR No. 110/2009 P.S. Karawal Nagar. Being aggrieved and dissatisfied, the instant appeal has been preferred by the appellant.

2. I have heard the learned counsel for the parties and have examined the file minutely. The incident took place at around 02.30 p.m. on 16.05.2009. Daily Diary DD No. 11A (mark PW-14/AA) came into existence at 03.55 p.m. when intimation regarding rape upon a girl aged about 8 – 10 years was conveyed to the police. In her statement (Ex.PW-1/A), lodged soon after the incident, ‘X’ gave detailed account of the occurrence and implicated the appellant by name for committing rape upon her. The Investigating Officer lodged First Information Report without wasting any time by sending rukka (Ex.PW-14/A) at 07.30 p.m. Prior to that ‘X’ was medically examined vide MLC (Ex.PW-11/A) at Guru Teg Bahadur Hospital, Shahdara, Delhi at 06.30 p.m. Since the appellant’s name had emerged soon after the occurrence as perpetrator of the crime, there was least possibility of the prosecutrix, her parents and Investigation Agency to fabricate or concoct a false story to falsely implicate him.

3. In her Court statement, the victim proved the contents of the statement (Ex.PW-1/A) lodged with the police at the first instance without any variations. She categorically deposed that on 16.05.2009 when her mother and sister had gone to hospital and her father was away at his place of work, at about 02.00 p.m. she went to the roof to answer call of nature. The accused arrived there; pulled her in one of the rooms, shut her mouth and committed sexual intercourse against her wishes after disrobing her. The appellant also criminally intimidated and threatened her not to disclose the incident to anyone. When the appellant saw the incident being witnessed by Kanti Devi from her roof, he fled the spot wiping his male ‘organ’ with a piece of cloth. In the cross-examination, the material facts stated by her remained unchallenged and uncontroverted. The appellant did not deny his presence on the roof at the relevant time. ‘X’ reasoned that she could not raise alarm as the accused had put his hands on her mouth. She denied that the accused was falsely implicated due to enmity with his sister-in-law. No extraneous motive was attributed to the child witness to implicate him for the heinous offence. PW-2 (Kanti Devi) has corroborated X’s version in its entirety. After witnessing the i