The nature and gravity of the crime, along with the victim's consistent statement, should be considered in determining appropriate punishment.

Jitendra Chauhan, J

1. On 2.12.1996, the Sessions Judge, Kapurthala charge-sheeted the accused-respondent under Section 376 of the Indian Penal Code for committing rape upon Sukhmaya, aged six years, on 20.7.1996.

2. The brief facts of the case stand reflected in para 2 of the order dated 3.1.1998 of the trial Court:

“That Tikka Bahadur complainant (PW7) was employed in Punjab Bones Mill G.T. Road, Chaheru. He along with his wife and children was residing within the Mills' Premises in the quarters. The complainant and his wife used to go for work in the factory daily at 8.00 a.m. and they used to return at 5.00 p.m. In their absence, their children in which included Sukhmaya (PW6), six years old daughter of the complainant, used to stay back at the quarter. On 20.7.1996, when the complainant and his wife Deo Kala returned from factory after work and reached their quarter at 5.00 p.m., they noticed that Sukhmaya was wearing a frock which was blood stained and blood was oozing from her private part. She was lying unconscious on a wooden bed. Tikka Bahadur complainant thought that she has suffered some injury and he accompanied with his wife Deo Kala took her to Civil Hospital, Phagwara for treatment. The doctor at the hospital admitted Sukhmaya as Indoor patient and she was medically examined on 20.7.1996. According to the complainant, when Sukhmaya regained consciousness properly, she disclosed that the person who operated tubewell had on 20.7.1996 at about 3.00 p.m. caught hold of her from her arms and that he took her inside the tubewell room where he bolted the door of the room from inside and had committed rape upon her. From the said disclosure, the complainant came to know that it was accused Gura Singh who had committed rape upon his minor daughter Sukhmaya and that on the basis of the same, he made statement Ex.PR before police on 22.7.1996 ASI Paramjit Singh (PW9), the Investigating Officer made his endorsement Ex.PR/1 on the same and sent it to Police Station Sadar, Phagwara for registration on a case against the accused. On the basis of the same, formal FIR Ex.PR/2 was recorded by ASI Tirath Singh. The Investigating Officer accompanied with Tikka Bahadur complainant and Surjan Bahadur inspected the place of occurrence at the tubewell in the Mills and recorded the statements of Sukhmaya prosecutrix and other witnesses. ASI Paramjit Singh also took into police possession frock Ex.Pq of Sukhmaya which was produced before him by the complainant. The Investigating Officer on the next day took Sukhmaya to civil hospital, Phagwara where she was medically examined by Dr.Jaswinder Kaur Bains again. The prosecutrix was also subjected to further medical examination by Surgeon and the lady doctor. She was also subjected to Radiological examination for determining her age. The accused was arrested on 15.8.1996 and he was also got medically examined from Civil Hospital, Phagwara on 16.8.1996. The statement of the prosecutrix was also recorded by the Judicial Magistrate Ist Class, Phagwara under Section 164 Cr.P.C. On 21.8.1996. On completion of the investigation, the accused was challaned by the S.H.O. Police Station, Sadar Phagwara.”

3. In order to establish its case against the accused, the prosecution examined as many as thirteen witnesses. However, the material witnesses were PW2 Dr.Rajan Gupta, PW3 Dr.Surjit Singh Mahi, PW5 Dr.Jaswinder Kaur Bains, PW6 Sukhmaya, PW7 Tikka Bahadur, PW9 ASI Paramjit Singh and PW13 Dr.Narinder Singh.

4. PW2 Dr.Rajan Gupta medically examined accused Gura Singh on 16.8.1996 and opined that there was nothing to suggest that the accused was unable to perform sexual intercourse.

5. PW3, Dr.Surjit Singh, conducted surgical examination of the victim, Sukhmaya, on 25.7.1996 under anesthesia and noticed the following:

Abdomen : contour normal moving with respiration all the querands, unbilicus and hernial sites normal. No mark of injury.

Palpation : Abdomen soft, no mass palpable. Non-tender.

On pe