PRATIBHA RANI, J.

1. The appellant/convict has preferred this appeal assailing the judgment dated 15th January, 2011 and order on sentence dated 18th January, 2011 passed in SC No. 101/2009 (pertaining to FIR No. 47/2008 under Section 376 IPC, PS Vasant Kunj) whereby he has been convicted for committing the offence punishable under Section 376 IPC and sentenced to undergo RI for ten years with fine of Rs. 3,000/- and in default of payment of fine to undergo SI for six months.

2. Briefly stating, the case of prosecution is that on 25th January, 2008 at about 1.55 pm an information was sent by Duty Constable Rajbir from Safdarjung Hospital that a girl aged about nine years was got admitted in injured condition in the hospital by her mother, which was reduced into writing vide DD No. 21A. On receipt of DD No. 21A, ASI Brahmo Devi alongwith HC Thawar Singh reached Safdarjung Hospital and collected the MLC No. 2400/08 Ex.PW5/A of ‘R’ (name withheld to conceal her identity) wherein alleged history given was of rape by one Subrati i.e. the appellant on 20th January, 2008. Thereafter W/ASI Brahmo Devi recorded the statement Ex.PW1/B of child victim ‘R’ wherein she stated that she w