JUDGMENT S.C. Das, J. 1. This is another shocking incident of a child rape by the 'private tutor' of the girl child. The accused appellant was found guilty of the charge framed against him under Section 376(2)(f) of I.P.C. on a trial by learned Assistant Sessions Judge (Court No. 2), Agartala in Sessions trial No. 151 (WT/A) of 1997 and the accused-appellant was sentenced to suffer RI for 10 years and to pay a fine of Rs. 5,000/- (Rupees five thousand), in default of payment to suffer further RI for 2(two) years. Heard learned counsel, Mr. H.K. Bhowmik for the appellant and learned Additional Public Prosecutor, Mr. R.C. Debnath for the State-respondent. 2. Brief Fact: The informant, Anath Ch. Das (P W. 1) and the accused appellant Dilip Kr. Das are/were residents of village - Bejimara, under PS. Sonamura, the houses situated within a distance of 500 cubits. The accused-appellant was the private tutor of "Mini" (actual name concealed), a minor girl, aged about 7 years and her brother Ajit, aged about 5 years, both are son and daughter of informant Anath Ch Das. On 20.09.1994 at about 3.00 PM Mini with her brother for their private tuition went to the house of the accused and the accused rendered tuition to them. At about 4.00 PM the accused asked Ajit to go home saying that his tuition was over but kept mini for further tuition saying that her study was not over. Thereafter, the accused gave her some lessons and immediately thereafter he laid her on the cot, put off her panty (Jangia), gagged her mouth and then forcefully committed rape on her. She fell ill and there was bleeding from her vagina. The accused threatened her not to disclose it to anybody. The perturbed girl returned home and her mother (PW. 3) noticed oozing out of blood, inquired with her about bleeding to which she narrated the occurrence. Her mother immediately called Kalpana and Laxmi PWs. 4 and 5 before whom Mini narrated the fact how she was molested by the accused in his house. She made clear statement that because of forceful penetration of penis of the accused she suffered the bleeding injury. Father of Mini was immediately informed by PW. 7, a maternal uncle and accordingly, P W. 1 (father) came home to whom also Mini narrated that incident being asked by her father. Immediately, PW. She made clear statement that because of forceful penetration of penis of the accused she suffered the bleeding injury. Father of Mini was immediately informed by PW. 7, a maternal uncle and accordingly, P W. 1 (father) came home to whom also Mini narrated that incident being asked by her father. Immediately, PW. 1 taking the victim girl in his arms went to Sonamura P.S. and lodged the F.I.R and the victim girl was immediately referred to Sonamura hospital but bleeding could not be stopped and therefore, she was referred to Melagarh hospital and then to I.G.M hospital, Agartala where she was under treatment for about 12/14 days. 3. On the basis of the F.I.R lodged by PW. 1, Sonamura P.S. Case No. 75/1994 under Section 376 of IPC was registered and after investigation police submitted charge sheet against the accused Dilip Kr. Das for commission of offence punishable under Section 376 of I.P.C. Cognizance was taken on the basis of the police report and thereafter, on commitment of the case learned Assistant Sessions Judge in due course framed charge against the accused appellant for commission of offence punishable under Section 376(2)(f) of I.P.C. to which the accused pleaded not guilty and claimed to be tried. 4. In course of trial prosecution examined 12 witnesses including the victim prosecutrix as PW. 3. Witnesses were cross-examined, on behalf of the accused and after his examination under Section 313 of Cr.P.C. the accused examined 2 defence witnesses. Defence case is that about two months before the incident Panchayat election was held and the accused contested the election as a candidate sponsored by Indian National Congress against CPI(M) party sponsored candidate Sefal Das and lost the election. The informant, father of the victim girl, is a supporter of CPI(M) party and at the instance of Sefal Das, because of political enmity a false case was instituted by the informant. 5. Learned counsel, Mr. Bhowmik argued that prosecution withheld material witnesses namely Ajit Das, brother of the victim, who also alleged to have taken tuition from the accused on the alleged date & time and another boy of the age of Ajit namely Babla also taken tuition but he was also not examined and therefore, prosecution case cannot be believed. The second argument advanced by learned counsel, Mr. The second argument advanced by learned counsel, Mr. Bhowmik is that there is no medical evidence to support the prosecution case that because of rape there was bleeding per vagina of the prosecutrix and so, finding of the learned trial Judge that she was raped by accused was wrong. Learned counsel, Mr. Bhowmik farther contended that PWs. 4 and 5 did not wholly corroborate the version of the prosecutrix and no other independent witness examined and therefore, the prosecution case is doubtful and the trial Court committed serious wrong in not giving the benefit of doubt to the accused. The last argument advanced by learned counsel, Mr. Bhowmik is that the accused is already in custody for more than 8 years and so, he may be set at liberty with, the sentence already suffered by him. 6. Learned Addl. P.P., Mr. Debnath, on the other hand, has made a convincing submission that the evidence of prosecutrix is enough in the case at hand to hold the charge proved against the accused to record conviction. The evidence of the victim prosecutrix has not been shaken in any manner and it is corroborated by her parents and other witnesses. The vaginal swab examination report has been proved but the medical examination report though produced before the trial Court but the medical officer was not examined and non-examination of the medical officer cannot have any impact on the prosecution case which is otherwise proved with sufficient evidence on record. 7. I have meticulously gone through the evidence and materials on record. The learned trial Judge, as I find, vividly discussed the evidence on record and arrived at a reasonable finding. The prosecutrix was a child of 7 years at the time of alleged occurrence and that is not disputed. When her evidence was recorded she was about 12 years old and she made a very convincing statement of fact what had been done by accused. She clearly stated that she along with her 5 years old brother went to have private tuition in the house of the accused. At about 4.00 PM the accused asked her brother to go home saying that his lesson was over and he retained the victim girl stating that she had to undergo further lesson. Thereafter the accused committed rape on her. 8. At about 4.00 PM the accused asked her brother to go home saying that his lesson was over and he retained the victim girl stating that she had to undergo further lesson. Thereafter the accused committed rape on her. 8. In a case of rape the evidence of victim, if inspire confidence in all respect, is enough to record a conviction. A victim of rape is not an accomplice and asking; for corroboration in a case of rape is an insult to the womanhood. In the Indian setting, refusal to act on the testimony of a victim of sexual assault in the absence of corroboration as a rule, is adding insult to the injury, unless her evidence suffers from any basic infirmity or improbability. The simple case of the accused is that he was falsely implicated by the father of the prosecutrix at the instance of Sefal Das. Neither Sefal Das is a witness to the incident nor is found in any way connected with the case. Simply because the informant is a supporter of a political party to which Sefal Das is also a supporter and was a candidate to Panchayat election it is unworthy to hold that the informant set her minor girl with a false allegation of rape against the accused. In the cross-examination of victim girl and her parents a suggestion was put on behalf of the accused that the prosecutrix along with her brother and the other boy Babla returned home together, after the tuition was over and thereby it was rather admitted that the prosecutrix went to the house of the accused for her private tuition and when she returned home she was having with bleeding per vagina and the innocent child reported about the sexual mischief committed by accused on her. The F.I.R was lodged immediately thereafter within a few hours and she was taken to Sonamura hospital wherefrom she was shifted to Melagharh hospital and therefrom to I.G.M hospital, Agartala on the same night. No examination of Ajit and Babla, both minor boys of the age of 5 years at the relevant time of occurrence, was of no consequence at all on the veracity and the authenticity of the case. While alleging non-examination of a child witness the accused/defence was required to show that he was prejudiced, in any manner, for the non-examination of the particular witness. While alleging non-examination of a child witness the accused/defence was required to show that he was prejudiced, in any manner, for the non-examination of the particular witness. While the evidence of the victim is corroborated by the other evidence on record non examination of the infant boys was of no consequence in the fact and circumstances of the case and I find no merit in the argument. 9. Regarding deposition of Paras 4 and 5, as I find, they have substantially corroborated the prosecution case. There is nothing at all to doubt their depositions in any manner. It is totally an unfounded argument advanced by learned counsel, Mr. Bhowmik regarding medical evidence. As I find, the doctor who treated the victim has not been examined. Her vaginal swab was collected and that has been examined by PW. 11, who found no Spermatozoa but found RBC. Absence of Spermatozoa in the vaginal swab does not negate the allegation of rape. A slightest penetration is enough to hold the charge of rape and so, while the accused forcibly penetrated his penis and therefore, profuse bleeding from the private parts of the victim girl, there is no room to think otherwise than that of forceful penetration by the accused. PW. 9 has stated that the accused was competent to have sexual intercourse. In the course of investigation, I.O. collected the medical report which is found in the LC record but that has not been exhibited by the prosecution at the time of trial. Though it was not exhibited in the course of trial, based on the evidence already on record it can safely be arrived at a conclusion that the prosecutrix was subjected to severe sexual assault by the accused and there is nothing to hold that the accused was falsely implicated in the case. 10. In the case of State of Rajasthan Vs. Omprakash reported in (2002) 5 SCC 745 , the Apex Court has held thus: Child rape cases are cases of perverse lust for sex where even innocent children are not spared in pursuit of the sexual pleasure. There cannot be anything more obscene than this. It is a crime against humanity. In such cases, responsibility on the shoulders of the Courts is more onerous so as to provide proper legal protection to these children. Their physical and mental immobility calls for such protection. There cannot be anything more obscene than this. It is a crime against humanity. In such cases, responsibility on the shoulders of the Courts is more onerous so as to provide proper legal protection to these children. Their physical and mental immobility calls for such protection. Children are the natural resource of our country. They are country's future. Hope of tomorrow rests on them. In our country, a girl child is in a very vulnerable position and one of the modes of her exploitation is rape besides other modes of sexual abuse. These factors point towards a different approach required to be adopted. It is necessary for the courts to have a sensitive approach when dealing with cases of child rape. The effect of such a crime on the mind of the child is likely to be life-long. A special safeguard has been provided for children in the Constitution of India in Article 39. The Apex Court further held: ..................................Cases involving sexual molestation and assault require a different approach--a sensitive approach and not an approach which a court may adopt in dealing with a normal offence under penal laws. It was also sought to be suggested that there were some disputes between the accused and the father of the prosecutrix over exchange of some land and that is the reason for their implicating the accused. There is nothing reliable on the record to substantiate that aspect. No such suggestion was even put in the cross-examination of the father of the prosecutrix. On the facts in hand, we find it difficult to accept that the revenge on account of alleged dispute regarding exchange of land would be taken by the father of the prosecutrix by foisting on the accused a false case of rape involving his young daughter particularly in the: setting of a village environment.................................. 11. Learned counsel, Mr. Bhowmik also drawn my attention to some minor discrepancies in the record which in my considered opinion has no consequence at all and that has not at all touched the basic version of the witnesses. I find no reason at all to attach any importance on such minor discrepancies. 11. Learned counsel, Mr. Bhowmik also drawn my attention to some minor discrepancies in the record which in my considered opinion has no consequence at all and that has not at all touched the basic version of the witnesses. I find no reason at all to attach any importance on such minor discrepancies. Even without examination of the medical officer, who treated the victim and submitted the medical report, based on other evidence on record prosecution case has been amply established and there is no room at all to doubt the allegation made against the accused. 12. Regarding sentence, as I find, the trial Court has recorded the minimum sentence of 10 years as prescribed for an offence under Section 376(2)(f) of I.P.C. The allegation made against the accused proved with overwhelming evidence that with a view to satisfy his brutal lust he retained the victim in his house with the pretext of giving her further tuition and directed her brother to go home which shows the mental frame of the accused that the accused taking advantage as a tutor being a grown up man while he was supposed to protect her from abuse of her childhood rather he himself abused her childhood and raped her. Under such circumstances, the accused cannot deserve a lenient view and the minimum punishment so far inflicted on him by the trial Court does not deserve any reduction for fair ends of justice. 13. The appeal therefore fails and accordingly dismissed. Send down the LC record along with a copy of this judgment. Appeal dismissed