The main legal point established in the judgment is the reliance on the testimony of the prosecutrix in cases of sexual assault, the significance of medical evidence in corroborating the victim's testimony, and the principle that minor contradictions should not undermine the reliability of the prosecution case.

PRATIBHA RANI, J.

1. This appeal has been preferred by the appellant challenging the judgment dated 19th November, 2009 and order on sentence dated 21st November, 2009 whereby he has been convicted for committing the offence punishable under Section 376 IPC and sentenced to undergo RI for a period of 7 years and to pay a fine of Rs. 2,000/- and in default of payment of fine, to undergo SI for 6 months.

2. Briefly stating, case FIR No.601/07 was registered on the basis of statement made by Kumari ‘A’ (name withheld to conceal her identity) aged about 17 years to the effect that her mother had expired a year ago and after the completion of her last rites (Tehravi) her father used to sexually abuse her and on resistance from her, he used to beat her and do ‘galat kaam’ with her. Her father had committed ‘galat kaam’ with her the day before she reported the incident. When she informed the residents of the locality, somebody informed the PCR. The police came and took her and her father to the hospital where their medical examinations were conducted. Her statement under Section 164 CrPC was also got recorded and after completion of investigation, charge-sheet was filed.

3. The appellant pleaded not guilty to the charge framed. The prosecution examined 12 witnesses in all to prove its case. The appellant has also been examined under Section 313 CrPC to explain the incriminating evidence appearing against him wherein he has denied the case of prosecution and stated that he has been falsely implicated in this case.

4. It is now settled principles of law that conviction can be founded on the testimony of the prosecutrix alone unless there are compelling reasons for seeking corroboration. The evidence of a prosecutrix is more reliable than that of an injured witness. The testimony of the victim of sexual assault is vital unless there are compelling reasons which necessitate looking for corroboration of her statement, the Courts should find no difficulty in acting on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. It is also well settled principle of law that corroboration as a condition for judicial reliance on the testimony of the prosecutrix is not a requirement of law but a guidance of prudence under given circumstances. Even minor contradictions or insignificant discrepancies in the statement of the prosecutrix should not be a ground for throwing out an otherwise reliable prosecution case.

5. In the instant case, PW-5 ‘A’, the prosecutrix had stated that after the death of her mother, her father raped her thrice in the year 2007. She informed this incident to her neighbour (PW-1, Poonam), who was residing just opposite to her house. She addressed her as Aunty. The police came to the spot and took her to the hospital along with PW-1, Poonam. Thereafter, she was produced before the Court where her statement Ex.PW-5/A was recorded before the learned Magistrate. FIR was registered on her complaint Ex.PW-5/B on which she had put her thumb impression.

6. In the complaint Ex.PW-5/B, which formed basis of the registration of FIR No.610/2007, she had stated that after the death and last rites (Tehravi) of her mother, her father used to wake her up during night and after removing her clothes used to commit galat kaam with her. Whenever she resisted saying that no father would do such type of act with her daughter, her father used to beat her. Two days prior to the registration of the FIR when her father again did galat kaam with her, she informed the residents of the Gali. Somebody informed the PCR and thereafter, she was sent for medical examination. She made statement Ex.PW5/B to the police. The endorsement on the rukka sent by SI Kadar Nath Pandey is to the effect that on receiving DD No.19A he along with Constable Goverdhan reached on the spot where he met with the prosecutrix and her neighbour PW-1, Poonam. The prosecutrix, PW-5 was taken to