Conviction can be based on the sole testimony of the prosecutrix if it lends assurance of her testimony.

S.P. Garg, J.

1. Aggrieved by a judgment dated 20.07.2004 of learned Addl. Sessions Judge in Sessions Case No. 99/2000 arising out of FIR No. 362/1999 PS Subzi Mandi by which the appellant – Kapil Ravi Das was held guilty for committing offences punishable under Sections 376/506-II IPC, the instant appeal has been filed by him. By an order dated 28.07.2004, he was sentenced to undergo RI for seven years with fine Rs.5,000/- under Section 376 IPC and RI for two years with fine Rs.1,000/- under Section 506-II IPC. Both the sentences were to operate concurrently.

2. Briefly stated, the prosecution case as reflected in the charge-sheet was that on the night intervening 17/18.09.1999 at around 02.00 a.m. at jhuggi Mithai Pul Patri, Tis Hazari, Delhi, the appellant committed rape upon the prosecutrix ‘X’ (changed name) aged around 25 years and criminally intimidated her. The incident was reported to the police but no action was taken. The complainant moved an application under Section 156(3) Cr.P.C. before the learned Metropolitan Magistrate which resulted in lodging the FIR. ‘X’ was medically examined; she recorded her 164 Cr.P.C. statement. Statements of the witnesses conversant with the facts were recorded. The accused was arrested and medically examined. Exhibits collected during investigation were sent to Forensic Science Laboratory for examination. Upon completion of the investigation, a charge-sheet was filed against him in the Court. The prosecution examined twelve witnesses to prove its case. In 313 Cr.P.C. statement, the appellant denied his involvement in the crime and pleaded false implication. The trial resulted in conviction as mentioned previously. Being aggrieved and dissatisfied, the instant appeal has been preferred.

3. Appellant’s counsel urged that the Trial Court did not appreciate the evidence in its true and proper perspective. Unexplained delay in lodging the FIR was overlooked by the Trial Court without cogent reasons. No injuries whatsoever were found on the body of the prosecutrix to infer forcible rape. Non-examination of victim’s husband is fatal. The victim has already deserted her previous husband and married someone else who has met with similar fate. Learned Addl. Public Prosecutor urged that there are no valid reasons to disbelieve the prosecutrix.

4. Admitted position is that both the prosecutrix and the appellant lived in neighbourhood. ‘X’ was a married lady, aged around 25 years, mother of two children. The occurrence took place on the night intervening 17/18.09.1999. The incident was reported to the police promptly but they did not lodge FIR. The complainant/victim filed a complaint on 21.09.1999 itself before the learned Metropolitan Magistrate for directions to the investigating agency to lodge the FIR. Subsequently, the FIR was lodged by the police. Apparently, delay in lodging the FIR is not due to any lapse on the part of the prosecutrix. It was the Investigating Agency/police which did not co-operate and abdicated their duty to bring the real culprit to book after investigating the victim’s complaint. Delay has been duly explained and it cannot be considered a ground for acquittal of the accused.

5. In her complaint, ‘X’ gave detailed account as to how and under what manner, she was ravished by the accused on the night intervening 17/18.09.1999 at around 02.00 a.m. when she was present along with her two children in the jhuggi and her husband was sleeping on the ‘rehri’ outside it. She further informed that the accused had threatened to kill her in case the matter was lodged with the police. In her 164 Cr.P.C. statement, the prosecutrix reiterated her version in entirety without any variation. She implicated the accused as the perpetrator of the crime and gave vivid description of the incident. The learned Presiding Officer had put number of questions before recording her 164 Cr.P.C. statement to ascertain if she was making her statement voluntarily without any fear or pressure. Afte