JUDGMENT - Order dated 24th August 1994 passed by the Vth Assistant Sessions Judge, Thane in Sessions Case No. 209 of 1994. The two accused were facing charge under section 376(2)(g) as also under section 506 read with section 34 of I.P.C. The victim of the incident was one Bebi Janu Bhala, aged about 15 years, admitted in VII standard. The incident is said to have been taken place on 28-10-1993 on Ranvihir-Dolkhamb Road which was her usual way of reaching the school. When she came near a place known as Mothi-Khori, two unknown persons caught her and forcibly took her by the side of the road at some distance and one after other committed rape on her. 2.The said vicinity was rural where she washed her clothes and went to her school. There she contacted her teacher one Mr. Bondre and narrated the incident to him. The said teacher advised her to go to police station. She, therefore, went to Dolkhamb Police Chowky but nobody was present. 3.On a way back to home she narrated the incident to one watchman of a bungalow, coming on the way to her house and requested him to scribe the report. Accordingly he scribed the report. She narrated the incident to her mother also. Her mother decided to wait till father of the girl come back. The report which was already scribed was given in the police station after four days, after her father had returned. The girl was examined by Dr. Yadav and charge-sheet was filed. At the end of the trial, the accused was found guilty for offence under section 376(2)(g) and was awarded sentence of 10 years R.I. and to pay a fine of Rs. 1000/- in default to undergo six months R.I. further. However, both the accused were acquitted under section 506 of I.P.C. 4.An attempt was made on behalf of the defence to make out a case that because the complaint has been filed late i.e. after almost five days, it should be treated as an after thought. The suggestion was also made that she was having sexual intercourse with somebody and apprehended that her misdeed would be exposed and, therefore, she concocted false story. Needless to say that the trial Court has not believed this. So far as the late filing of the complaint is concerned, it is sufficiently explained in the manner described above. The suggestion was also made that she was having sexual intercourse with somebody and apprehended that her misdeed would be exposed and, therefore, she concocted false story. Needless to say that the trial Court has not believed this. So far as the late filing of the complaint is concerned, it is sufficiently explained in the manner described above. The Head Constable of the Outpost has also been examined as P.W. 9 (Exhibit 28), Page 71 of the paper book. According to him the occurrence report was prepared by him as per the written note which the prosecutrix had brought which was produced at Exhibit "10". He has come out with a case that the father of the girl was not willing to get a police case instituted which eventually they agreed on 2nd November, 1993. Formal F.I.R, therefore, may be on that date but so far as the written note is concerned it is given to the police authority on 30th October 1993. Mr. Bondre has been examined as witness No. 6 who confirms that the girl did disclose the story to him on 28-12-93 at about 10.45 a.m. 5.In rural area when an incident of this nature occurred with a student of a school, apart from the parents, teacher is her first person to whom the fact may be disclosed. It is exactly what has been happened in this case. Mr. Bondre also confirms that the girl was sent to the police chowky but there was no one present at the said chowky. In our opinion, therefore, the delay in filing the complaint is of no consequence. It is not exactly the case that two accused were totally unknown to the girl. She did not know their names but she mentioned in Exhibit 10 that they are of that area only i.e. Jambhulwada area and they were found in that area only. She further asserts that if they are shown to her she would be able to identify them. This is quite natural for a girl of 15 years of age to remember the face of the person who had sexually assaulted her. No doubt identification parade was rendered useless as before the parade the accused were shown to the girl. She further asserts that if they are shown to her she would be able to identify them. This is quite natural for a girl of 15 years of age to remember the face of the person who had sexually assaulted her. No doubt identification parade was rendered useless as before the parade the accused were shown to the girl. 6.However, in the aforesaid circumstances when she was able to identify them and in absence of any enmity between prosecutrix and accused and when the learned trial Judge has accepted the version of the witnesses including the prosecutrix, we do not see any reason to disagree with him. The doctor has confirmed that the hymen was ruptured with torn edges, red and swollen as also nail scratches over her right hand in the cleft between the little finger and the ring finger and the blunt trauma over left subscapular region with tenderness present. 7.The conviction, in our opinion, therefore, is well sustained and there is no reason to interfere with the same. The appeal is, therefore, dismissed. Appeal dismissed. -----