Mrs. Anita Chaudhry, J.:- The appellant was convicted in FIR No.17 dated 18.02.2011 registered at Police Station Bhogpur, Jalandhar for raping a deaf & dumb girl. The Fast Track Court, Jalandhar convicted the appellant and sentenced him to undergo rigorous imprisonment for a period of 10 years along with fine of Rs.25,000/- for commission of offence under Section 376 IPC. In default of payment of fine he was to further undergo rigorous imprisonment for another year.

2. The unfortunate incident took place on 16.02.2011. The mother had gone to purchase goods in the market. The husband a fruit vendor left home in the morning. The prosecutrix was alone at home. The parents returned home around 3:00 PM and found the appellant quickly wearing his trouser and rushing out of their house. When the parents entered the room they found their daughter lying on the bed weeping. Her salwar was open and she was bleeding. The mother helped the child to wear her clothes. The incident was reported on 18.02.2011 and the medical was done.

3. Challan was presented and charge was framed under Section 376 IPC. The accused pleaded not guilty and claimed trial. The prosecution examined both the parents and the victim. The Presiding Officer recorded the statement of the victim after ascertaining as to whether she could understand the gestures and signs and was able to respond. Besides them the prosecution examined the Medical Officer and the police officials.

4. In his defence, the accused pleaded his innocence and stated that he has been falsely implicated and examined two witnesses. The trial Court accepted the statement of the prosecutrix and the father and recorded his conviction as mentioned above.

5. I have heard the counsels of both the sides.

6. Counsel for the appellant contends that the incident was reported after two days and the mother had not supported the prosecution at the trial and the Sessions Judge has failed to take the help of a interpreter to record the statement of the deaf & dumb child. It was urged that an amendment had been made in the Evidence Act in 2013 and the requirement is that if the witness is unable to communicate verbally then the Court shall take the assistance of a interpreter or a special dictator in recording the statement and the statement has to be videographed. It was urged that the trial Court failed to comply with the provisions contained in the Evidence Act. It was urged that the false case had been registered as there was a dispute and a sum of Rs.30,000/- had been lent to the complainant by the accused and when he asked for his money back he refused and threatened to lodge a false case and two witnesses had supported him. It was urged that the accused was a married man with children and could not do such act.

7. The State counsel supported the judgment of the trial Court and urged that the accused had raped a deaf & dumb girl after entering their house when the parents were away and the medical evidence also supports the prosecution. It was urged that the complaint was given on 17.02.2011 but the FIR was registered the next day.

8. Dinesh Kumar – PW1, father of the victim disclosed that he was earlier married to Guddi and had three daughters. The victim was born to him from the first marriage. After the death of his wife in 1997 he married Umrawati. He stated that his daughter was deaf & dumb or may be hard of hearing and she was like this since birth. He stated that two of his daughters were away to school and the victim was alone at home and the wife had gone to the market and they returned around 2:30 PM. He stated that they were living on the first floor and on the ground floor there is a shop and the shutter was open to the height of two feet and he lifted the shutter to get inside and saw Raj Kumar running hurriedly from the shop and when he asked as to why he had come to his house he replied that he had come to get the pump and when he reached his room he saw his daughter in bad shape and wa