The unimpeached testimony of the prosecutrix, when corroborated by other evidence, can be relied upon for convicting the accused in cases of sexual assault/rape.

SIDDHARTH MRIDUL, J

1. The present criminal appeal under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) assails the judgment and order of conviction dated 10.01.2014 and order on sentence dated 13.01.2014, passed by the Ld. ASJ-01 (West), Delhi, in Sessions Case No. 22/12, in FIR No. 20/2012, registered at P.S. Kirti Nagar, whereby the appellant has been convicted for an offence under section 376 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and sentenced to undergo rigorous imprisonment for a period of 10 years and payment of a fine of Rs.5000/- with a stipulation that in default of payment of fine, the appellant would further undergo simple imprisonment for a period of one month.

2. The gravamen of the charge, for which the appellant has been convicted, is, for having committed rape on the prosecutrix, a girl aged about 7 years (at the time of commission of the offence) on 18.01.2012.

3. Briefly, the facts of the case as are relevant for the adjudication of the present appeal are as under:

(i) The prosecution case, as unfurled, is that on 18.01.2012, Smt. Sujata (PW-1)/the complainant, mother of the prosecutrix, alongwith the prosecutrix, went to the police station to inform the police that the appellant had committed rape upon the prosecutrix at his house (jhuggi). Upon the statement of Smt. Sujata (PW-1)/complainant, DD Entry No. 43A dated 18.01.2012 (Ex. PW 6/A) was recorded. SI N.L. Yadav (PW-10) accompanied the prosecutrix with her mother, to the appellant’s house where the appellant was not found and the house (jhuggi) was found closed.

(ii) On the same day, i.e. 18.01.2012, the prosecutrix was sent for medical examination to DDU Hospital where she was admitted for 15 days.

(iii) Thereafter, on 21.01.2012, FIR No. 20/2012 (Ex. PW-3/A) was registered at Police Station-Kirti Nagar, West Delhi, under section 376 IPC, against the appellant herein (hereinafter referred to as the ‘subject FIR’).

As per the subject FIR, the incident occurred on 18.01.2012 at the house (jhuggi) of the appellant, who was residing in the same neighbourhood as the prosecutrix. Smt. Sujata (PW-1), alongwith her family of three children and her husband, was residing at B-588, Chunna Bhatti, Jawahar Camp, Kirti Nagar, Delhi, at the relevant time. On 18.01.2012 at around 04:00 P.M., the appellant approached Smt. Sujata (PW-1), seeking permission to take the prosecutrix, who was playing outside her house, with him on the pretext of giving the latter a toffee. Thereafter, the prosecutrix accompanied the appellant to his house (jhuggi). Later, on the same day, Smt. Sujata (PW-1), becoming worried that the prosecutrix had not returned home for a long time, went to the house of the appellant. She found the door of the house of the appellant locked from inside and heard the prosecutrix screaming from inside. After her vain attempts at knocking and pushing open the door of the house, she started weeping loudly. After some time, the appellant unlocked the door, pushed her and ran outside. She tried to apprehend the appellant but he managed to escape. Inside the house, she saw that the prosecutrix was weeping and that the undergarments of the prosecutrix were stained with blood, whereafter she took the prosecutrix with her to the police station and got DD entry No. 43A dated 18.01.2012 (Ex. PW 6/A) recorded against the appellant.

(iv) The detailed medical examination of the prosecutrix was conducted on 21.01.2012.

The medical opinion in the MLC report, dated 21.01.2012, (Ex. PW-13/A), qua the prosecutrix, returned a finding to the effect that, “no tear, fresh injury or bleeding seen; hymen was found to be torn; no tear/bleeding seen inside the vagina”.

(v) Subsequently on 21.01.2012, at the instance of Smt. Sujata (PW-1), a site plan (Ex. PW 1/B) was prepared. On the same day, at the instance of the former, the appellant was arrested at 8.30 P.M., vide arrest memo dated 21.01.2012 (Ex. PW1/C). The