R.P. Nagrath, J.

The instant appeal is directed against the judgment of conviction dated 24.02.2010 and order of sentence dated 25.02.2010 whereby the appellant was convicted under Sections 376(2)(f) of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.10,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months.

2. The charge against the appellant was that he committed rape on the prosecutrix, a 7 years old girl child. For offence under Section 376 (2)(f) IPC the minimum punishment provided is 10 years rigorous imprisonment being a girl below 12 years of age. The mother of the prosecutrix presented complaint Ex. P-1 before the police on 19.12.2008.

3. The prosecution story, briefly stated, is that the complainant has three children and the prosecutrix is youngest of them. The family of the complainant resides in a Dhani of village Pabra. (Dhani in this part of State is understood as cluster of few houses ancillary to the village for those who want to live in the proximity of their fields). On the fateful day, husband of the complainant had gone to Hisar for check up of his brother who suffered paralysis attack. All the children of the complainant were studying in a nearby school falling in village Kandool. The prosecutrix who was studying in the 1st Standard in Government School, Kandool used to return home earlier to other children of the complainant because she was studying in the lowest standard.

4. On 15.12.2008, the prosecutrix returned home at about 2.30 p.m. and she was crying. She was holding her salwar in her hand which was stained with blood. The girl narrated to her mother that a boy took her inside the fields and beat her. The name of boy was not known to the victim but she told her mother that she could recognize the culprit. Message was sent to husband of the complainant telephonically. It is further stated that complainant had been going village Kandool daily to locate the culprit and on 18.12.2008, while they were returning home in the evening, that she saw three boys standing there out of whom the appellant was recognized by daughter of the complainant as the boy who sexually assaulted the victim. When the appellant was confronted by the complainant, he got perplexed. On 19.12.2008 in the morning, father of the appellant along with 2 or 3 more persons came to the house of complainant and requested the parents of prosecutrix for pardon to which the family did not agree. A written complaint Ex. P-1 was made to police on 19.12.2008 and FIR Ex. P-15 was registered on that basis. The girl was medically examined in Civil Hospital, Hisar. The appellant was arrested on 21.12.2008 and on his medical examination conducted by PW-3 Dr. Dalel Singh, nothing was found to suggest that he was not capable of performing sexual intercourse. Copy of his medical examination report is Ex. P-3.

5. On 19.12.2008, father of the prosecutrix handed over salwar of the victim which she was wearing at the time of incident for which the sealed parcel bearing seal impression 'PR' of the Investigating Officer was prepared and taken into possession vide memo Ex. P-12. The rough site plan of the place of occurrence Ex. P-16 was also prepared. The underwear which the appellant was wearing at the time of his arrest was prepared into sealed parcel by the doctor and handed over to the police. These parcels were sent for examination to Forensic Science Laboratory for which the prosecution examined PW-11 Constable Rajinder Singh and PW-12 HC Ashok Kumar who had tendered their affidavits Ex. P-23 and P-22 respectively. As per report Ex. P-5, blood was found on the Pyjami of the victim and also on the vaginal swab and this was found to be human blood. Semen was also detected on the underwear of the appellant sent for examination. There was, however, no semen detected on the Pyjami and vaginal swab.

6. The case was committed to the Sessions Court for tr