The unimpeachable testimony of the victim, corroborated by medical evidence and witness statements, can lead to a conviction. The court may consider modifying the sentence based on the age of the victim and the accused, and the oldness of the incident.

JUDGMENT :

(Karunesh Singh Pawar, J.)

1. This criminal appeal arises out of judgment and order dated 18.6.2015, passed by Addl. Sessions Judge, Room No.1, Gonda, in S.T.No.8 of 2013 arising out of crime No.106 of 2013 State versus Nankey alias Ladain whereby the appellant has been convicted and sentenced to undergo rigorous imprisonment for fourteen years R.I. under section 376 I.P.C. and a fine of Rs.25000/-with default provision and under section 3/4 Protection of Children from Sexual Offences Act, 2012 for fourteen years R.I. and a fine of Rs.25,000/-, with default provision.

2. Prosecution case as per written report is that on 20.5.2013 at about 7.30 p.m., the daughter of the informant aged about 8 years was going to boring. On the way, Nanke alias Laden son of Swami Nath Chaubey dragged her towards the corner of the pond and raped her. When she raised alarm, villagers ran and then the accused ran away.

3. On the basis of the written report, chick first information report was registered. Statement of the victim under section 164 CrPC was recorded where she supported the prosecution case. The victim on the very next day, i.e. on 21.5.2013 was medically examined by Dr. Karuna Gupta, P.W.4 of District Women Hospital, Gonda who has given the following report :

ihfM+rk ds ?kj okyksa us crk;k fd 20-05-13 dks lk;a 7-30 cts ihfM+rk ds fo:) ySfxad geyk gqvk gSA
lekU; ijh{k.k & ihfMrk lkekU; dn dkBh dh FkhA otu 20 fdxzkŒ] ÅpkbZ 123 lsehŒ] nkWr ugha ns[ks x;s FksA izkbosV ikVksa ij dksbZ ckgjh pksV ugha FkhA nksuksa Lru fodkl'khy voLFkk esa ugha Fks] dkW[k ds cky fn[kkbZ ugha ns jgs FksA
Public hair ekStwn ugha FksA
vkUrfjd ijh{k.k& dksbZ jDrLkzko ugha FkkA gkbZeu rktk QVk gqvk Fkk ykfyek ekStwn FkhA
Semilunar abrasion present inner side of labia minora including the fourchette ;ksfu dh lrg ij CyM LykV ekStwn FkkA
tk¡/k ij dksbZ pksV ugha FkhA izkbosV ikVZ ij dksbZ pksV ds fu'kku ugha FksA ;ksfulzko ysdj nks LykbZM rS;kj dh x;h mls iSFkkyksftLV ftyk efgyk fpfdRlky; xks.Mk dks thfor ,oa e`r 'kqdzk.kq dh tk¡p gsrq Hkstk x;kA^^

In the aforesaid report, the doctor opined that hymen was freshly torn, redness was present and similunar abrasion was also present inside of labia minora including the fourchette, small bits of blood clots (blackish material) were present over public surface. The medico legal report is Ext.Ka.3.

Supplementary report was also given by the doctor, which is Ext. Ka.4.

4. Ext.Ka.7 is the report of the Radiologist. Ext. Ka.8 is the dentist opinion, in which, the dental age was assessed to be 9-11 years. Ext.Ka-11 is the specimen of vaginal smear slides sent in a closed envelope for determination of presence of spermatozoa. This was sent by the pathologist, District Women Hospital, Gonda. Forensic report is at page 10, in which no spermatozoa was found.

5. After completing investigation and recording the statement of witnesses, charge sheet was filed by the investigating officer. Case was committed to the court of Sessions who framed charges on 31.10.2013 under sections 376 I.P.C. and 3/4 of Protection of Children from Sexual Offences Act, 2012. Charges were read over to the accused who denied them and claimed to be tried.

6. P.W.1 Mohammad Saeed in his chief has repeated the prosecution story. In the written report, he is not an eyewitness. In the cross examination, he remained firm on his testimony in the examination in chief. He denied the suggestion that he is having any enmity with the accused appellant and has lodged a false case. He has further denied the suggestion that no rape has been committed upon his daughter and he is giving a false testimony.

P.W.2 Rehana Khatun is sister in law of P.W.1. She also supported the prosecution version. She has stated that the victim was eight years old at the time of offence. She was the first person to whom the incident was told by the victim while she was weeping. She along with the victim, Mohd. Saeed P.W.1, and Mohammad Jameel went to the police station and gave a written re