The competency of a child witness and the need for corroboration of their testimony, along with the significance of medical and forensic evidence in establishing the commission of the crime.

A.N.Jindal, J.

1. A five year girl, (hereinafter referred to as the "prosecutrix" and name not disclosed) fell prey in the hands of the accused/appellant, Rakesh (hereinafter referred to as accused) who attempted to commit rape but having failed in his mission, committed sodomy for which he was tried, convicted, sentenced to undergo RI for 7 years and fine of Rs. 2000/- under Section 377 IPC and RI for 5 years under Section 376, read with Section 511, IPC.

2. Factual matrix of the case which culminated into trial is that on 31st March, 1996, at about 3 P.M., Bhanwar Singh, complainant (hereinafter referred to as "complainant") was present at his house along with his wife Smt. Gopal Kamal, who was preparing food for him. In the meanwhile, prosecutrix, aged about 5 years came shrieking and disclosed that the accused induced her to go to his room on the pretext of showing her television, and made her to lay on the bed, removed her underwear and inserted his penis in her anus. When she started crying out of pain, the accused shut her mouth with his hand. On the basis of the aforesaid statement, the case was registered and the investigation was handled by ASI - Bhagat Ram, Investigating Officer who visited to the place of occurrence; arrested the accused got recorded the MLRs. Ex.PA and Ex.PB respectively, took the blood-stained underwear of the prosecutrix into possession vide memo. Ex.PF. The completion of investigation was followed by a report under Section 173 Criminal Procedure Code against the accused. On commitment, the accused was charged under Section 376, read with Section 511 and 377 Indian Penal Code.

3. To prop up its case, the prosecution examined Dr. A.K. Gupta, Medical Officer (PW1), Dr. Veena Sharma, Medical Officer (PW2), Bhanwar Singh, complainant (PW3), prosecutrix (PW4), Head Constable Hari Chand (PW5), Dr. Avinash Sharma, Medical Officer (PW6), Inspector Niadar Singh (PW7), Sukhbir Singh (PW8), Constable Anoj Kumar (PW9), Constable Mukesh Kumar (PW10) and ASI Bhagat Ram, Investigating Officer (PW11).

4. When examined under Section 313 Criminal Procedure Code, the accused denied all the circumstances appearing against him and pleaded his false implication. No evidence was led in the defence. The trial Court ended in conviction.

Heard.

5. On the same day of occurrence (i.e., 31.3.1996) immediately after the occurrence, i.e., at about 3.00 PM the prosecutrix was taken to the hospital and was medically examined at about 9.15 PM by Dr. Veena Sharma, Medical Officer, B.K. Hospital, Faridabad. She observed that prosecutrix was fully conscious and no external mark of injury was seen. Hymen was intact on external genetallia. There was no bleeding. However, there was laceration on anal sphincter. One laceration posteriorly was red in colour and fresh bleeding was present. Further there was small laceration on anterior aspect of anal sphincter. She had further opined that the possibility of per anus sexual intercourse cannot be ruled out. She further proved Ex. PF underwear which was taken by her at the time of medical examination. During cross-examination, she highlighted this fact that though no injury in the vagina was present, yet attempt to commit intercourse could not be ruled out. From her testimony, it transpires that there is definite evidence revealing the carnal capulation. But the observation made by this witness are hardly sufficient for forming an opinion regarding the factum of rape. However the opinion regarding rectum intercourse as observed made by Dr. Veena Sharma, finds support from the statement of prosecutrix herself. She after clearing her test of being a competent witness appeared as PW4 and testified regarding the crime. The relevant extract from the statement is reproduced as under :

"About 10 months ago, (in the winter season), I was playing in my house from where the accused, present in the Court, induced me to company him to his house saying that he will show her television. According