The main legal point established in the judgment is the importance of prompt reporting, medical evidence, and the credibility of the prosecutrix and her family in cases of sexual assault involving mentally unsound individuals.

JUDGMENT :

RAJNESH OSWAL, J.

1. This appeal arises out of the judgment of conviction dated 10.03.2014 and the order of sentence dated 15.03.2014, whereby the Court of learned 3rd Additional Sessions Judge, (Fast Track Court), Jammu (hereinafter to be referred as “the trial court”) has convicted the appellant for commission of offences under Sections 363 and 376 RPC and sentenced him to undergo rigorous imprisonment for life and fine of Rs. 50,000/- under Section 376 RPC. The appellant has been further sentenced to undergo imprisonment for seven years and fine of Rs. 5,000/- for commission of offence under Section 363 RPC. In default of payment of fine, the appellant has been directed to undergo simple imprisonment for six months in case of conviction under Section 376 RPC and in default of payment of fine in case of conviction under Section 363 RPC, the appellant has been directed to undergo simple imprisonment for two months.

2. The judgment has been impugned by the appellant on the ground that the prosecutrix was mentally unsound, which is clearly established from her statement during cross-examination, as such, her statement could not have relied upon by the learned trial court. It is also stated that the statements of other witnesses examined by the prosecution clearly establish that the appellant has been falsely implicated because of the quarrel between the appellant and brother of the prosecutrix. It is also contended by the appellant that the statement of Dr. Poonam Mahajan has ruled out the presence of spermatozoa in the vaginal smears, which clearly demonstrates that the appellant has been falsely implicated. In nutshell, the appellant has assailed the judgment of the trial court on the ground that the learned trial court has not appreciated the evidence in its right perspective and has ignored the material infirmities in the prosecution case.

3. Mr. Sunil Sethi, learned senior counsel for the appellant vehemently argued that a bare perusal of the statement of the prosecutrix would reveal that she was of unsound mind and in view of her incoherent statement, the same could not have been relied upon by the learned trial court for convicting the appellant. He further submitted that there are material contradictions between the statement of father of the prosecutrix and statement of PW Nek Ram. It was also argued by Mr. Sethi that the medical evidence does not establish the commission of offence of rape upon the prosecutrix by the appellant.

4. Per contra, Mr. Pawan Dev Singh, learned Dy. AG submitted that the prosecutrix had clearly deposed about the commission of rape by the appellant and other witnesses including the father of prosecutrix have also supported the version of the prosecutrix. He further submitted that the prosecutrix was a minor girl and it was not that at all the time she was mentally unstable. The manner, in which she made her statement in chief-examination clearly establishes the guilt of the appellant and the learned trial court has rightly relied upon the testimony of the prosecutrix.

5. Heard learned counsel for the parties and perused the record.

6. The prosecution case as projected in the charge sheet is that on 25.05.2008, at around 2200 hours, the father of the prosecutrix submitted a written complaint with the SHO, Police Station, Akhnoor, wherein he stated that his daughter i.e. the prosecutrix, aged 12 years at around 03.00 pm had gone towards the house of her maternal grandfather but she did not return back till the evening. He searched for her and during search when he reached the thoroughfare, he found that the appellant had taken his daughter below the culvert and was committing rape on her. On seeing him, he ran away from the spot. The occurrence took place at 07.00 pm. The condition of the prosecutrix was not good. He initially took her to home and thereafter, he approached the Police Station along with his daughter. On receipt of this application, FIR bearing No. 120/2008 for commission of o