The testimony of a child victim in a case of rape or sexual assault does not require corroboration if it is inspiring confidence.

1. The appellant Ravi @ Bire has filed this appeal challenging his conviction vide judgment dated 20th January, 2016 for the offence punishable under Section 376(2)(f) and under Section 506 IPC and order on sentence dated 29th January, 2016 whereby he has been ordered to undergo RI for ten years with fine of Rs.10000/- and in default of payment of fine to undergo SI for three months.

2. The prosecution case in brief is that on 5th April, 2012, on receipt of DD No.33A, SI Kuldeep Singh reached Dr. Hedgewar Arogya Sansthan Hospital where the child victim was found admitted with the history of sexual assault. Since the child victim was not in a position to give statement, on the basis of statement (Ex.PW3/A) made by her mother (PW3), a case FIR No.122/2012 was registered. Thereafter, the child victim was produced on 6th April, 2012 before the learned Magistrate for getting her statement under Section 164 Cr.P.C. (Ex.PW2/A) recorded.

3. The version of the child victim before the learned Magistrate was that on the date of occurrence, i.e. on 5th April, 2012, she had gone to a nearby shop to buy something and she was accompanied by her younger sister and brother. While she was returning, the appellant/convict Bire caught her, took her to his room and bolted the room from inside. Thereafter, he removed his underwear and pant as well her underwear. Her mouth was gagged with a cloth. Thereafter, he inserted his organ used for passing urine into her body from where she passes toilet. She had a lot of pain and she started bleeding. After about half an hour, Bire ran away from there but while leaving, he also threatened to kill her if she disclosed the incident to anybody.

4. The statement Ex.PW3/A made by Smt. Meena – mother of the child victim is to the effect that on 5th April, 2012, in the evening when she was at her home, her daughter left home at about 6.30 P.M. for going to the nearby shop. After about half an hour, she heard her cries coming from the room of the appellant/convict Ravi. On reaching there, she found her daughter bleeding from her private part. Immediately, she took her to Hedgewar Hospital where her daughter disclosed that the boy, namely, Ravi residing in the neighbouring room had taken her to his room and did “galat kaam”. PCR was informed and thereafter when the police came, she made the statement which formed basis of registration of case FIR No.122/2012 (Ex.PW1/A).

5. During the medical examination of the child victim, samples were collected and after arrest of the appellant/convict he was also sent for medical examination. The exhibits were sent to FSL, Rohini and after completion of proceedings, the appellant/convict was sent to face trial for committing the offence under Section 376(2)(f) IPC. Since the appellant/convict pleaded not guilty to the charge, prosecution examined 11 witnesses to bring home guilt to the convict.

6. In his statement under Section 313 Cr.P.C, he took plea of total denial and preferred not to lead any evidence in his defense.

7. Learned trial Court convicted the appellant for committing the offence punishable under Section 376(2)(f) IPC, inter alia, for the following reasons:-

(i) During the cross examination of prosecution witnesses, the defence taken was that he was not present at the spot and that the child victim suffered injuries due to fall while running. The motive for false implication suggested to the complainant was that she used to take money on credit from him and they also used to have quarrel over her throwing the garbage in front of the room of the appellant.

(ii) None of the above pleas could be substantiated by him either by cross-examination of the prosecution witnesses or by leading any defence evidence.

8. The appellant/convict was held guilty by placing reliance on the statement made by the child victim and her mother and duly corroborated by the MLC Ex.CW 1/A as well as the FSL report Ex. PW 10/A. As per the FSL report, vaginal swab matched with the blood sampl