The main legal point established in the judgment is the importance of considering the victim's testimony, the lack of corroboration required in sex offenses, and the need for sensitivity and responsibility in dealing with charges of sexual assault on women.

Sanjay Karol, J.

Assailing the judgment dated 22.11.2005, passed by learned Addl. Sessions Judge, Fast Track Court, Una, District Una, H.P., in Sessions Case No. 4/05 - RBT: 59/05/05 [Sessions Trial No. 8/05 RBT: 44/05], titled as State of H.P. vs. Raj Kumar @ Raju, whereby accused stands convicted for having committed offences punishable under the provisions of Sections 376 and 506 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and pay fine of Rs.50,000/- for an offence punishable under Section 376 IPC and in default thereof, to further undergo rigorous imprisonment for a period of two years and rigorous imprisonment for a period of seven years and fine of Rs.10,000/- for an offence punishable under Section 506 IPC. and in default thereof, to further undergo rigorous imprisonment for a period of one year, he has filed the present appeal under the provisions of Section 374(2) read with Section 382 of the Code of Criminal Procedure, 1973.

2. It is the case of prosecution that on 28.10.2004, prosecutrix (PW-9) along with her mother Smt. Raj Kumari (PW-10) lodged a complaint with the police that accused had been repeatedly subjecting the prosecutrix, his own daughter, to forcible sexual intercourse. Based thereupon, SI-Diwan Chand (PW-16), SHO Police Station Amb registered F.I.R. No. 235/2004, dated 28.10.2004 (Ext. PW-9/A) against the accused, under the provisions of Sections 376 and 506 of the Indian Penal Code. Prosecutrix was got medically examined from Dr. Murnal Lakhi (PW-8) who as per MLC (Ext.PW-8/3 & 8/D) opined that prosecutrix had been subjected to sexual intercourse. Police conducted necessary investigation and recovered incriminating material including bed sheet (Ext. P2) and pillow cover (Ext.P-3). Also on the allegation that accused used to beat the prosecutrix with a hockey stick (Ext.P-6), the same was recovered and seized vide memo (Ext. PW-9/D). Report (Ext. PW-16/E) from the Forensic Science Laboratory, Junga was taken on record by the police. With the completion of investigation, which prima facie, revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

3. Accused was charged for having committed offences punishable under the provisions of Sections 376 and 506 of the Indian Penal Code, to which he did not plead guilty and claimed trial.

4. In order to prove its case, in all, prosecution examined as many as sixteen witnesses and statement of the accused under Section 313 Cr. P.C. was also recorded, in which he took up the following defence:-

“I am innocent as the false case has been planted against me with an intention to grave (sic grab) my property as my wife, mother of the victim, is having illicit relation with one Bahadur Singh son of Jai Singh of my village who is my first cousin.”

No evidence, in defence, was led by the accused.

5. Appreciating the material on record, including the testimonies of witnesses, trial Court convicted the accused of the charged offences and sentenced as aforesaid. Hence, the present appeal.

6. It is one of those unfortunate cases where allegedly, accused committed rape of his own minor daughter. Trial Court found the testimony of the prosecutrix (PW-9), her mother Smt. Raj Kumar (PW-10) and other witnesses to be absolutely inspiring in confidence. As a Court of appeal, we are duty bound to examine the legality of findings so returned in the impugned judgment. We also have to examine as to whether the defence taken by the accused stands probablized; prosecution version is free from doubt or suspicion; or that testimonies of prosecution witnesses inspire confidence and are free from contradictions, embellishments, exaggerations and improvements rendering their version to be doubtful if not false and that prosecution has been able to establish its case beyond reasonable doubt.

7. We extensively heard learned counsel appearing on both sides and perused the record.

8. First we shall examine th