Corroboration of evidence, especially in cases involving child witnesses, is crucial in establishing guilt under criminal law.

Prafulla C. Pant, J.

This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 29-072000, passed in Sessions trial No. 92 of 1999, by learned Sessions Judge, Pauri Garhwa!, whereby appellant Dheeraj Singh has been convicted under Section 316 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and sentenced to undergo imprisonment for life.

2. Heard Mr. Pankaj Purohit, learned Amicus Curiae for the appellant and Mr. Nandan Arya, Asstt. Government Advocate for the State and perused the lower court record.

3. Prosecution story, in brief, is that complainant Basanti Devi (P.W.1) resident of Village Maulkhandi, Post Banghaar, District Pauri Garhwal, due to her illness, on 1808-1999, had gone from her husband's house to her parental house leaving her three children with her husband in the aforesaid village. On 26-08-1999, Guddi (P.W.2) the eldest minor daughter of the complainant came to her and disclosed that on 25-08-1999 and 26-08-1999, her father Dheeraj Singh (accused/appellant) committed rape on her.

The minor girl (Guddi) was bleeding from her private parts and she was in pain. On this, Basanti Devi (P. W.1) mother of the victim, got prepared a written report (Ext.A-1) on 2708-1999, and lodged the same with Naib Tehsildar, Pauri (In the interior hills of Uttarakhand, certain Revenue Officials are given police powers, under U.P. Government Notification No. 494/V1I1-418-16 dated 7th March, 1916). On the basis of said report a check report (Ext. A-7) was prepared by the Naib Tehsildar, Pauri, who made necessary entry in the general diary (copy of which is Ext.A-8). A crime No. 61 of 1999 was registered against accused Dheeraj Singh relating to offence punishable under Section 376 of I.P.C. The victim (P.W.2) was taken by the Investigating Officer to District Female Hospital, where Dr. M. Purohit (P.W.3) medically examined the victim. The Medical Officer found that left labia minora was lacerated. There was swelling in the private part of the victim, on touch it was bleeding. There were signs of vaginal penetration. The Medical Officer prepared the medical report (Ext. A-3). For determination of the age, X-ray was advised. On the basis of the X-ray reports it was found that the girl is aged between 11 and 13 years.

After completing the investigation, the Investigating Officer submitted charge sheet (Ext.

A-13) against the accused Dheeraj Singh for his trial in respect of offence punishable under Section 376 of I.P.C.

4. The Magistrate, on receipt of charge sheet, after giving necessary copies to the accused, as required under Section 207 of Cr.P.C., committed the case to the court of Sessions, for trial. Learned Sessions Judge, Pauri Garhwal, after. hearing on 29-01-2000, framed charge of offence punishable under Section 376 of I.P.C. against the accused Dheeraj Singh, to which he pleaded not guilty and claimed to be tried. On this, the prosecution got examined PW.1 Basanti Devi (complainant); P.W.2 Guddi [aged 13 years (victim)]; P.W.3 Dr. M. Purohit (Medical Officer who medically examined the victim); P.WA Dr. Arun Kumar (the Radiologist, who after X-ray submitted his report Ext. A-6) and P.W. 5 Mansa Ram (Naib Tehsildar, who investigated the crime). The oral and documentary evidence was put to the accused / appellant under Section 313 of Cr.P.C. in reply to which he alleged the same to be false. At the end, he submitted that his wife and mother-in-law are inimical to him, and they have got him implicated falsely. However, no evidence in defence was adduced. After hearing the parties, the trial court found accused / appellant Dheeraj Singh guilty of charge of offence punishable under Section 376 of I.P.C. After hearing on sentence, the convict was sentenced to undergo imprisonment for life. Aggrieved by said judgment and order dated 2£07 -2000, passed by learned Sessions Judge, Pauri Garhwal, in Sessions Tri