The testimony of a victim of rape does not require corroboration and should be appreciated on the principle of probabilities. Medical evidence and other evidence that lends assurance to the victim's testimony are crucial in establishing guilt in cases of sexual assault.

Kuldip Chand Sood, J.—Appellant Medho hereinafter referred to as the accused", was tried and convicted by the learned Sessions Judge, Chamba Division at Chamba for an offence punishable under Section 376 of the Indian Penal Code in Sessions Case No. 38 of 1997 vide judgment dated 18th January, 1999. The accused has been sentenced: "to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs. 2,000. In case of default in the payment of fine, the accused is to further undergo rigorous imprisonment for one year."

2. Aggrieved, accused filed this appeal against his conviction and sentence from the Jail. The accused represented for a legal aid counsel to conduct his appeal at the State expense. Mr. Rahul Mahajan, Advocate, was appointed as counsel for the accused.

3. Accused Medho Ram, aged about 22 years at the time of occurrence, was resident of Charotu of Pargana Gudial in Tehsil and District Chamba. Victim, aged about 13 or 14 years, at the relevant time, is resident of nearby village Phumbi. Victim used to live with her parents in the village and was studying in the Government Primary School, Silagharat.

4. On 7th April, 1997, victim was sent by her mother, Bimla Devi (PW-8), to buy some grocery from the shop of one Harbhajan Singh. Harbhajan Singh told the victim that he was unloading some goods from the truck and therefore she should come next morning. She then went to the house of her school peon Geeta Devi (PW-5). She took her meals in the house of Geeta Devi. By that time it became dark. Geeta Devi advised the victim not to go alone at that hour of the evening. In the meanwhile, accused came to the house of Geeta Devi. He informed that he was also going in the direction of the house of the victim and that he can escort the victim to her house. Victim left in the company of the accused to her house. On her way at a place known as "Chanaga accused forcibly took her below the path, broke the string of her salwar and committed forcible sexual intercourse with the victim. Blood came from her vagina. She cried but her mouth was closed by the accused. The victim returned back to her house with her salwar in hand. She told her mother Bimla Devi (PW-8) about the incident. Bimla took her daughter first to the house of Geeta and thereafter accompanied by Geeta she went to the house of Harbhajan Singh, Pradhan of the village, who advised them to lodge the report with the police next morning. The report was lodged with the police on the next day in terms of First Information Report Ex. PD.

5. After the investigation of the case, accused was sent to stand his trial before the learned Sessions Judge for an offence punishable under Section 376 of the Indian Penal Code. Accused was charged accordingly. Accused claimed trial. The defence of the accused appears to be that he has been falsely implicated in this case and in any event the victim was more than sixteen years of age at the time of occurrence and consenting party.

6. I have heard Mr. Rahul Mahajan, learned Counsel for the accused-appellant and Mr. Ashok Chaudhary, learned Additional Advocate General and have also been taken through the record by the learned Counsel.

7. The conviction is assailed on the grounds: (a) there is no reliable evidence on the record to connect the accused with the commission of the offence; and (b) in any event victim was more than 16 years of age at the time of alleged commission of the offence and a consenting parties.

8. It is true that the entire prosecution case rests on the evidence of the victim. In order to see whether accused committed sexual assault, evidence of the victim (PW 6) may be examined. Victim appearing as PW 6 stated that she was sent by her mother to bring some grocery from the shop of Harbhajan Singh. Harbhajan Singh was unloading the goods from the vehicle and told her to come next morning. She, then, went to the house of Geeta Devi where she took her meals. Accused arrived there. As it was dark so accused