JUDGMENT:

1. This appeal is filed by the appellant aggrieved by the judgment dated 18.01.2024 in SPL.S.C.No.69 of 2018, on the file of Special Judge, Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases at Nirmal. The appellant was convicted for the offence under Section 376 of IPC and Section 6 of POCSO Act, 2012 and sentenced to undergo 20 years of rigorous imprisonment.

2. Heard the learned counsel for the appellant/Accused and the learned Assistant Public Prosecutor for respondent-State.

3. The allegation against the appellant is that he has forcibly raped P.W.2 on 18.04.2018 at 1 p.m. According to the victim/P.W.2, while she was playing in front of her house, the appellant forcibly took her to the 4^th shed and committed rape. Though P.W.2 shouted for help, he did not leave her. After committing rape, the appellant left her alone and ran away. The victim slowly went to her house and laid on the cot in front of their house. At 2:30 p.m., her father/P.W.1 and mother arrived and asked her as to what happened. P.W.2 narrated regarding the appellant taking her forcibly to the 4^th shed and committing rape on her. P.W.1/father took the victim/P.W.2 to Police at 7 p.m. and lodged a telugu written complaint. In the complaint, he narrated regarding the appellant taking his daughter to the 4^th shed and forcibly committing rape on her.

4. The victim girl was sent for medical examination to P.W.14/Doctor. P.W.14 found the following injuries:

1. Victim was moderately built, height of 4ft.

2. No external injuries were found over the body.

3. Fresh hymenal tear present at 6’o clock position with minimal bleeding from the tear present.

5. P.W.14 also collected vaginal swabs, vaginal smears and nail clippings and sent them for FSL examination. Prior to receiving FSL report, P.W.14 gave his initial opinion that rape might have been committed. Ex.P.8 is the FSL report which was received by P.W.14. On the basis of Ex.P.8, final opinion/Ex.P.9 was given that sexual intercourse has taken place on the victim. In Ex.P.8/FSL report it was written that semen and spermatozoa were found on the vaginal swab which was collected at the time of victims examination by P.W.14.

6. Having concluded the investigation, charge sheet was filed against the appellant for the offence under Section 6 of POCSO Act, since P.W.2 was aged 14 years as on the date of the incident. The basis for age determination of P.W.2 is the bonafide certificate issued by P.W.6 who is the Teacher and In- charge Head Master of MPP School, Jewla-K village, Tanoor Mandal, Nirmal District.

7. On the basis of the evidence of the victim girl/P.W.2 coupled with evidence of Doctor/P.W.14 and Exs.P.8 and P.9, learned Sessions Judge found that rape was committed on the victim girl.

8. Learned counsel appearing for the appellant would submit that there are any amount of discrepancies in the evidences of P.Ws.1 and 2. The said discrepancies go to the root of the case. It is not known as to why the victim girl has not gone to the school and stayed near the house. The victim girl belongs to Jewla-K village and P.W.6 was examined and bonafide certificate/Ex.P.3 was given reflecting her date of birth as 14.10.2006. The said bonafide certificate cannot form basis to infer that the age of the victim girl was less than 18 years.

9. On the other hand, learned Assistant Public Prosecutor would submit that the evidence of the victim girl/P.W.2 would suffice to draw inference that the appellant committed rape on her. The evidence of P.W.2 lends credibility to the version of P.W.1.

10. Having gone through the record, the incident had taken place on 18.04.2018 around 1 p.m. and the victim girl informed P.W.1/father at 2:30 p.m. and at about 7 p.m., P.W.1 took the victim girl to the Police Station and lodged a written complaint/Ex.P.1. The complaint was received by P.W.16/Inspector and at about 0:30 hours, the victim was examined by P.W.14. As already discussed, the Doctor on preliminary