Judgment B.N.P.Singh, J. 1. The appellant suffered conviction under Section 376/511 of the Indian Penal Code on being tried by Sri P.K. Srivastava. Additional Sessions Judge, I, Katihar, was sentenced to undergo rigorous imprisonment for a term of ten years in Sessions Trial No. 166 of 1998. The appellant was also sentenced to a fine of Rs. 500/- in default of which he was to undergo further rigorous imprisonment for a period of two months. 2. The facts are too brief for elaboration. While Mosstt. Noor Jahan, PW 4, had been out of her house. Md. Kalam, the appellant, allegedly took Afsari Khatoon, the prosecutrix, to a nearby lonely place and violated her person. She had been weeping finding herself alone in the house. However, she could disclose her woes to her mother when she came down to the house in the night. Efforts were made to convene a Panchayti but that too failed and it is how that the mother of the prosecutrix after two days of the incident, took recourse to police authority and lodged a police case with Katihar Police Station. The investigation commenced, on conclusion of which the police laid charge sheet against the appellant under Section 376 of the Indian Penal Code for which he was also charged by the trial Court. In the eventual trial, eight witnesses were examined and the trial Court placing reliance on the testimonies of the mother, prosecutrix and the doctor rendered verdict of guilt and sentenced the appellant in the manner stated above which has been challenged by the learned counsel appearing for the appellant in this appeal. 3. A lot of arguments have been canvassed on behalf of the appellant and it is sought to be urged that if the testimony of PW 4, who happens to be none else but mother, and moved the police in motion and was the first person to be informed about the commission of rape on her minor daughter, is to be taken to be true on its face value, she noticed garment of her daughter stained with blood but there was no evidence that it was ever seized by the police or was ever produced before the police by the mother. Arguments were canvassed that much reliance was placed by the trial Court on the testimony of the doctor but that too was not in positive term about the commission of rape on the child as the only opinion expressed by the doctor was that from the findings, one can only say that attempt of sexual intercourse might have been done. In quick succession it is urged that the finding of the doctor about the redness on the inner aspect of labia major and labia minor did not conclusively suggest any commission of attempt of rape in absence of any evidence about presence of spermatozoa in the vaginal swab. Laying stress on the credibility of the evidence, learned counsel for the appellant would urge that two independent witnesses, namely, PWs 2 and 3 had turned hostile to the prosecution and if there evidences are excluded from the prosecution which ought to be, there was no corroboration from any quarter for attribution made to the appellant about commission of rape on a child. Learned counsel with regard to the credibility of a child witness, urged that as there was no corroboration from other quarters, it was not only hazardous but quite unsafe to place reliance on the testimony of a child witness, and reliance on this score was sought to be placed on a decision of the Apex Court reported in (1998) 7 Supreme Court Cases 177 : 1998 (2) East Cr C 924 (SC), Panchhi and others v. State of U.P., wherein observations were made by the Apex Court that the evidence of a child witness cannot be rejected outright and evidence must be evaluated more carefully and with greater circumspection, because a child is susceptible to be swayed by what others tell him and thus a child witness is an easy prey to tutoring, and with the aid of the prosecutrix it would be urged that the very manner in which she rendered statement before the Court leaves no room to doubt that it was not voluntarily expression of the prosecutrix but she was under influence of others, and lastly it is urged that the very fardbeyan of the prosecution which is shown to be a sheet anchor of the prosecution was not legally brought on the record. 4. 4. Learned counsel appearing for the State countering the argument urged that the testimony of a child witness particularly in a case of rape would not require corroboration of its credibility and the testimony of the prosecutrix in this case had been assured from the evidence of the doctor which too was a corroborative evidence. 5. True it is that PWs 2 and 3, who might have been independent witnesses had turned hostile and showed ignorance about the prosecution case. The mother of the prosecutrix, it is admitted, was not an ocular witness to the commission of offence as she could know the woes of her child only from her when she happened to return to her house in the late hours of the night. Her statement in the Court does not suffer from inconsistency from the previous statement made before the police. The doctor who examined the prosecutrix has found abrasion with reddish brown crust on the rights wide of groin fold, left lower groin fold, auterior forthette, posterior forthette and left lower margin of labia. The doctor noticed redness of inner aspect of labia majora and labia minor and around introitus, though hymen was intact and in the opinion of the doctor attempt of sexual intercourse might have been done. While evaluating the evidence of the doctor and of the prosecutrix, I do not found that the evidence suffered from disharmony and inconsistency, as the evidence of the doctor was quite corresponding to the narrations made by the victim and her mother. As to the credibility of the child witness Court dared say that it appears to be most voluntary statement of a child witness which was rendered in most natural way without any exaggeration as was expected of a child. She could not even know the legal term of overt act committed on her and it was only to a Courts question that she made some statement in positive terms. The evidence of the prosecutrix appears to me free from blemish which cannot be rejected to any count. Though the appellant who acted like vulture is said to be of 40-45 years for which defence witness was also examined, the age of the appellant was not a mitigating factor to rule out bona fide of the prosecution case as it is not unlikely that men with uncontrolled passion do commit such offence. Though the appellant who acted like vulture is said to be of 40-45 years for which defence witness was also examined, the age of the appellant was not a mitigating factor to rule out bona fide of the prosecution case as it is not unlikely that men with uncontrolled passion do commit such offence. Though there is delay in taking recourse to the police by the informant but there is good excuse that the Panchayti which was sought to be convened could not be held and the mother finding no good prospect of redressal, took recourse to the police authority. It is not unlikely that the parents of the victim usually in such cases are ashamed to go to the public authority due to social stigma which such incidence usually carry with them. 6. Taking into consideration the evidences placed on the record which are quite clinching to bring home charges against the: appellant. I do not find good reasonings for interference in the findings recorded by the trial Court and the appeal is, accordingly, dismissed.