Uday Umesh Lalit, J.

1. This appeal by special leave challenges the judgment and order dated 20.11.2007 passed by the High Court of Chhattisgarh dismissing Criminal Revision No.550 of 2007 preferred by the Appellant through her natural guardian. By dismissing said criminal revision the High Court affirmed the view taken by the trial court acquitting Respondent No.1 herein of the charges under Section 376(2)(f) of the IPC and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act”). Though the present appeal has been filed in the name of the Appellant, in view of Section 228A of the IPC we direct that the cause title Digitally signed by Gulshan Kumar Arora Date: 2015.04.16 17:02:03 IST Reason:

Signature Not Verified shall stand amended and be read as “Ms. S. versus Sunil Kumar and another”. The case of the prosecution is that in the forenoon of 14.01.2006 while the Appellant was guarding her crops, a person aged about 20-22 years wearing a shirt with red stripes and black trouser came. He called the Appellant by making a signal, whereupon she started running. He ran after her, caught her and after removing her undergarments committed sexual intercourse. He also bit the lip of the Appellant. She shouted for help which attracted the attention of three persons, namely, PWs 2, 4 and 6 (the names of these witnesses are not being given as one of them is the brother of the Appellant and they shall hereafter be referred to by their designation in the trial). PW-4 i.e. the brother of the Appellant ran for catching that person but was unable to catch him and the person ran away.

3. The reporting in respect of the aforesaid incident was immediately made by the Appellant in Patharia Police Station and FIR Ext.P-1 was registered under Section 376 IPC. In the first information report itself the Appellant had stated the complexion of the man to be “sanwla”, that he was wearing shirt with red stripes and that he was unable to speak. She further stated that she would be able to identify that man. The Appellant was immediately sent for medical examination. PW-7 Dr. Vibha Sindur did the medical examination and found following features:

“1. The age of the prosecutrix was about 10 years. 2. There was a cut injury on the lower lip and a swelling on the upper lip.

3. There was an aberration of 3 x 5 cms in the waist. On internal examination 1. The hymen was freshly ruptured and it was bleeding.

2. Two slides of the vagina were prepared and were handed over to the IO for chemical examination.

3. According to the doctor the prosecutrix was subjected to sexual intercourse.”

4. During the course of investigation the blood-stained soil and the plain soil from the place of occurrence was seized vide Ext.P-14. The caste certificate (Ext.P-13) of the Appellant was also seized. Respondent No.1 was arrested vide arrest panchnama Ext.P-18 and was sent for medical examination. PW-13 Dr. D.R. Singraul found him capable of having sexual intercourse. The shirt with red stripes and black trouser were also seized from Respondent No.1 vide Ext.P-17. These garments were then produced for identification before the witnesses including the Appellant who identified said garments. Though the Appellant had clearly stated that she would be able to identify the man, no test identification parade was conducted. During the investigation the age of the Appellant was found to be between 10-14 years by PW-9 Dr. Anil Pratap Singh upon X-Ray examination.

5. After completion of investigation Respondent No.1 was charged for having committed offences under the aforesaid Sections and sent for trial.

The Appellant was examined as PW-1 who stated about the incident in question and re-iterated the contents of the FIR. She also identified Respondent No.1 in court though she did not know the name of Respondent No.1, nor the village that he belonged.