JUDGMENT V.K. Bist, J. (Oral) This appeal preferred u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) is directed against the judgment and order dated 21.04.2001 passed by the Sessions Judge, Uttarkashi in Sessions Trial no. 16 of 1999 State vs. Puran Lal whereby the learned Sessions Judge has convicted the appellant accused Puran Lal under Section 376 and 324 of The Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and sentenced him to undergo seven years’ rigorous imprisonment with a fine of ` 500/- for the offence punishable u/s 376 I.P.C. and six months rigorous imprisonment under Section 324 I.P.C. It was directed that both the sentences shall run concurrently. 2. The prosecution case, in brief, is this that on 16.02.1999 at 23:30 p.m., the complainant Sabu (PW-3) lodged a report at Police Station Purola, District Uttarkashi scribed by PW-5 Jagmohan that on 15.02.1999 in the morning hours, his granddaughter Km. Nirmala D/0 Jatni Lal Arya, resident of village Saundari, P.S. Purola accompanied with her siblings, i.e. sister and brothers, namely Km. Rekha, Anil Kumar and Sunil Kumar had gone to the house of her maternal uncle, namely Mima Lal, residing in village Dhadhung to attend Shivratri fair. On 16.02.1999 in the evening, when the victim Km. Nirmala returned home from her school, her grandfather found multiple injuries in her person and when he inquired about the cause of injuries, she disclosed that on 15.02.1999 at about 10:00 p.m. when she proceeded for sleep in the house of Mima Lal at that moment her sister and brothers were also with her. Then they asleep. On that day at about 11:00 p.m., the appellant/accused Puran Lal, who was already present in the house of Mima Lal, knocked the door and asked to open the door, and when she opened the door, the appellant/accused first of all pounced on her in order to outrage her modesty and sexually assaulted her. She cried and shrieked, but the appellant/ accused closed her mouth with his hand and forcefully committed rape on her. Due to fear, she did not disclose the incident to anyone and reached her home through her school. On being inquired by her grandfather for the cause of the injuries, she disclosed him the incident of rape committed upon her by accused Puran lal. Due to fear, she did not disclose the incident to anyone and reached her home through her school. On being inquired by her grandfather for the cause of the injuries, she disclosed him the incident of rape committed upon her by accused Puran lal. The complainant, accompanied with his granddaughter, rushed to the Police Station-Uttarkashi to lodge the F.I.R. The F.I.R. is Ext. Ka-1 on record. On the basis of the written report, Chik First Information Report Ext. Ka-5 was prepared by Head Constable Madan Mohan in the Police Station on 16.02.1999 at 11:30 p.m. The distance of the place of occurrence is shown about 10 kms. away from the Police Station. An entry was made in the General Diary, a copy of the G.D. is Ext. Ka-6 on the record. The bloodstained trouser of the victim, which she wore at the time of incident, was taken into possession. 3. Km. Nirmala, the victim was medically examined firstly, by PW-4 Dr. Rajni Kapoor on 17.02.1999 at about 12:15 p.m. at Govt. Female Hospital Purola, District Uttarkashi. She prepared the injury report Ext. Ka-3. For ascertaining her age, the victim was produced before the Chief Medical Officer, Uttarkashi. The victim was X-rayed, and on the basis of the report of Radiologist, he submitted report Ext. Ka-7 ascertaining the age of victim as 17 years. The victim was also undergone Pathological examination. 4. The investigation of the case was entrusted to S.I. Munna Lal Chauhan, Investigating Officer, who during the course of the investigation, recorded statements of the witnesses and after spot inspection, prepared a site-plan of the place of occurrence, which is Ext. Ka-8 on the record. The Investigating Officer, after completing the investigation, has filed charge sheet on 07.03.1999 against the accused Pural Lal for the offence punishable u/s 376/323/506 I.P.C. The charge sheet is Ext. Ka-12 on the record. 5. Learned Judicial Magistrate, Purola on receipt of the charge sheet, after giving necessary copies to the accused, as required u/s 207 Cr.P.C., committed the case to the Court of Sessions for trial on 11.10.1999 under Section 209 Cr.P.C. 6. Learned Sessions Judge, Uttarkashi after hearing the parties on 04.11.1999 framed the charge of offence punishable under Section 324 and Section 376 I.P.C. against the appellant/accused Puran Lal. The charge was read over and explained to the accused, who pleaded not guilty and claimed to be tried. 7. Learned Sessions Judge, Uttarkashi after hearing the parties on 04.11.1999 framed the charge of offence punishable under Section 324 and Section 376 I.P.C. against the appellant/accused Puran Lal. The charge was read over and explained to the accused, who pleaded not guilty and claimed to be tried. 7. The prosecution, in order to prove its case, has examined PW-1 Km. Nirmala, the victim, PW-2 Km. Rekha, sister of the victim (who was also sleeping inside the room at the time of incident of rape), PW-3 Sabu, grandfather of the victim (complainant), PW-4 Dr. Rajni Kapoor, Medical Officer, who conducted medical examination of the victim, PW-5 Jagmohan Singh, Scriber of the first information report and PW-6 H.C. 17 C.P. Madan Mohan, who lodged the first information report and prepared the Chik Report. 8. The oral and documentary evidence was put to the accused in the form of questions u/s 313 Cr.P.C. who, in reply, denied the allegations made against him and stated that he has been falsely implicated in the case. The accused did not produce any oral or documentary evidence in his defence. 9. After appreciating all the evidence available on record and upon hearing the learned counsel for the parties, the Sessions Judge has convicted the appellant accused Puran Lal under Section 376 and 324 I.P.C. and sentenced him to undergo seven years’ rigorous imprisonment with a fine of Rs.500/- for the offence punishable u/s 376 I.P.C. and six months rigorous imprisonment under Section 324 I.P.C. It was directed that both the sentences shall run concurrently. Aggrieved with the impugned judgment and order dated 21.04.2001, the accused/appellant has come up in the instant Criminal Appeal. 10. I have heard Mrs. Neelima Mishra, learned Amicus-curiae for the accused/appellant and Mr. Raman K. Sah, learned Addl. Govt. Advocate for the State. 11. Before further discussions, it is pertinent to mention the injuries found in the person of the victim Km. Nirmala. Km. Nirmala, the victim was medically examined by PW-4 Dr. Rajni Kapoor on 17.02.1999 at about 12:15 p.m. at Govt. Female Hospital Purola, District Uttarkashi and the Medical Officer prepared the injury report Ext. Ka-3. The following injuries were found on her person:- 1. Bite marks of reddish black in colour present over left cheek region in the form of a circle of about 2cms. dimension, colour is reddish black, no fresh bleeding. 2. Female Hospital Purola, District Uttarkashi and the Medical Officer prepared the injury report Ext. Ka-3. The following injuries were found on her person:- 1. Bite marks of reddish black in colour present over left cheek region in the form of a circle of about 2cms. dimension, colour is reddish black, no fresh bleeding. 2. Bite marks reddish black colour present over right cheek region in form of a circle of about 3cms. dimension, colour is reddish black, mild swelling present, mid surface is reddish colour, no fresh bleeding present. 3. A bruise of about 2cm.x3cm. size present over left breast in upper and inner quadrant, colour is bluest black, with mild swelling present, no sign of bite mark over nipple. 4. A bite mark of about .5cm.x1.0 cm. size present over right breast in upper and inner quadrant, colour is reddish black, margins are bruised. 5. Examination of vagina, Vulva, perineum, region etc. was done. No signs of any ext. injuries over vagina, Vulva, Perineum, no swelling, no blood over these areas or legs, no discharge. Pubic hairs were normal, no sign of struggle or injury present over thighs or legs. It is opined that for spermatozoa and other microorganism examination, Miss Nirmala was referred to district hospital immediately. As she had changed her clothes, so struggle marks over clothes etc. could not be seen. 12. The Medical Officer opined that all injuries were simple in nature and could be caused during struggle by teeth and lips. The injuries could be caused 20 hours before. She further opined that the injuries could be caused on 15/16.02.1999 at about11:00 p.m. The Medical Officer has proved the medical report Ext. A-3 13. Km. Nirmala, the victim was further examined by PW-4 Dr. Rajni Kapoor on 20.02.1999 at about 10:55 a.m. at Govt. Female Hospital Purola, District Uttarkashi and the Medical Officer prepared the injury report Ext. Ka-4. The following injuries were found on her person:- 1. A brown mole present over right forearm about 5cm. above the right wrist joint on anterior aspect. Per vaginal and per speculum examination was done in presence of Smt. Meera Panwar (A.N.M.-Govt. Female Hospital, Purola). On P/s Examination-No signs of any ext injury seen over vagina, Vulva, Perineum region, no secretions present, no bleeding present, Hymen was ruptured, no signs of inflammations oedema etc. present. On P/V examination- Cx ant. Per vaginal and per speculum examination was done in presence of Smt. Meera Panwar (A.N.M.-Govt. Female Hospital, Purola). On P/s Examination-No signs of any ext injury seen over vagina, Vulva, Perineum region, no secretions present, no bleeding present, Hymen was ruptured, no signs of inflammations oedema etc. present. On P/V examination- Cx ant. Uterus R/v Normal sized, no secretions present. 14. The Medical Officer opined that as all findings are found to be negative. Only hymen was ruptured which may be due to as female has started menstruation (Menstrual cycle) or due to hard work, exercise etc. She, on the basis of pathology report, prepared the supplementary report, according to which her vagina was torn. She did not examine the vagina at earlier stage, because the victim has to undergo pathological test. She proved the Medical Report Ext. A-4. 15. X-ray of the wrist joint, elbow and ankle of the victim was conducted on 18.02.1999 and according to the report of radiologist a black mole on right side neck was seen. Besides it, there was a black mole on anterior aspect of forearm lower 1/3 part. 16. The prosecution, to prove its case first of all, examined PW-1 Km. Nirmala, the prosecutrix, who in her testimony has stated that on 15.02.1999 she had gone in village Dhadhung at the house of her maternal uncle-Mima Lal with her siblings i.e. sister, namely Rekha and brothers, namely, Anil Kumar and Sunil Kumar. The accused is her close-relative i.e. Brother in law (JIJA), as he had been married with her maternal uncle’s daughter, namely Prema. She stated that the accused was also present at her maternal uncle’s house. After witnessing Shivratri fair, when they returned to their maternal uncle’s house, they took meal. At about 10:00 p.m. she had gone to sleep in a room situate in ground floor in another house of her maternal uncle. Her siblings also slept in that room. At that fateful night, at about 11:00 p.m. the accused Puran Lal knocked the door with an ulterior motive saying her to open the door, as he has some piece of work there. Upon hearing this, she opened the door and as soon as she unlocked the door, the accused entered inside the room; pounced upon her and started molesting her and outrage her modesty. Upon hearing this, she opened the door and as soon as she unlocked the door, the accused entered inside the room; pounced upon her and started molesting her and outrage her modesty. He started biting her cheeks and breast with his teeth and when she tried to shriek, the accused threatened her to kill. The accused pushed her down forcefully and started removing her clothes and in this process, he broke the string of her trouser (Salwar) and after exposing her, the accused raped on her forcefully penetrating his penis in her vagina. She was feeling pain during the course of rape. When she screamed, the accused slapped her. During the forceful intercourse, the accused bite her cheeks and was pressing her breasts. Her continuous weeping and screams awaken her sister Rekha. The accused also threatened Rekha to kill. Rekha was also weeping and crying. After committing rape, the accused Pural Lal left the room. The victim has further stated that she, alongwith her sister, kept sitting in the room and in the morning she, alongwith her siblings, proceeded to her village Saundari. She could not disclose the incident to her maternal aunt or maternal uncle, due to shyness and fear. On reaching her home in the morning on next day i.e. on 16.02.1999, she went to her school and in the evening after returning her home from school, when her grandmother saw the signs of wounds on her cheek, she inquired about the cause of wounds, then the victim disclosed the entire incident happened with her to her grand parents. Her grandfather lodged the F.I.R., based on her version. When she went to school, she tried to cover her face from her scarf; even then the students of the school saw her face. Her grandfather took her to Purola Police Station in order to lodge the report of the incident. She was medically examined in Purola Hospital, and thereafter she also went to Uttarkashi Hospital with her grandfather. The Police officials also took in their possession her trouser, she was wearing at the time of incident. This witness has been cross examined by the defence counsel at length; but nothing has come out in her cross examination which may create doubt in her statements. The evidence of this witness on each and every aspect is reliable, believable and trustworthy. 17. PW-2 is Km. This witness has been cross examined by the defence counsel at length; but nothing has come out in her cross examination which may create doubt in her statements. The evidence of this witness on each and every aspect is reliable, believable and trustworthy. 17. PW-2 is Km. Rekha, who is the sister of the victim. She has also stated that on 15.02.1999 she had gone to witness the Shivratri fair at the house of her maternal uncle, namely Mima lal, situate at Dhadhung alongwith her elder sister and younger brothers. During daytime, they saw the fair. In the night at about 10:00 p.m., all her siblings had gone to sleep in another room at ground floor. They locked the door from inside. At 11:00 p.m. in the night, she heard the sounds of weeping and screaming, which awakened her. She saw that one person was laying over her sister; her sister was weeping and resisting in order to get rid of the grip of that person. She inquired her sister as to what is happening. The person, who lay over her sister, commanded her to shut-up and threatened her saying that otherwise he will do the same with her whatever he is doing with her sister. She recognized the person with his voice who was her sister-in-law (JIJA) Puran Lal. The accused left her sister thereafter, and went out. The accused threatened them not to disclose the incident to anyone otherwise he will kill them. Both the sisters sat down throughout the night. On the next day i.e. on 16.02.1999 she returned her home alongwith her sister and brothers from the house of her maternal uncle. Due do shyness, neither the incident was disclosed to her maternal aunt or maternal uncle, nor it was disclosed to anybody in the home and after returning home, both the sisters had gone to school. After returning from school, on being inquired by the grand parents, the victim had narrated the entire incident to them. Signs of bites were visible on the face of the victim. The accused unclothed her sister at the time of committing rape on her sister. This witness was also cross-examined at length by the defence counsel but nothing has come out in her evidence which may create doubt in her statements. The evidence of this witness is reliable, believable and trustworthy. 18. The accused unclothed her sister at the time of committing rape on her sister. This witness was also cross-examined at length by the defence counsel but nothing has come out in her evidence which may create doubt in her statements. The evidence of this witness is reliable, believable and trustworthy. 18. PW-3 is Sabu, grandfather of the victim and is complainant of the case. He, during his testimony, has stated that On 15th February, 1999 his daughter-in-laws Nirmala and Rekha alongwith their brothers Anil and Sunil had gone to the house of their maternal uncle at Dhadhung to see Shivratri fair. After visiting the fair and returning back to their home, they went to their School. In the evening, when Nirmala returned, her grandmother-Bijma found sign of bites in her cheeks and inquired about the cause of bites, then the victim narrated the entire episode of rape committed by accused Puran Lal. Thereafter, Bijma told the incident to this witness. Acquainting with the incident, this witness himself inquired from the victim, in order to find out the truth, and the victim narrated the whole incident to him. Then he got prepared the first information report Ext. A-1 scribed PW-5 Jagmohanj and lodged the same at Police Station Purola. He stated that the victim was medically examined at Female Hospital, Purola. Trouser of the victim was also taken in possession. 19. PW-4 is Dr. Rajni Kapoor, Medical Officer, who has stated that on 17.02.1999 she was posted as Medical Officer at Female Hospital, Purola. On that day at about 12:15 p.m. she medically examined Km. Nirmala, who was brought by two lady Constables. After examining the victim, this witness prepared medical report Ext-A3 (description of the statement has already mentioned in the preceding paragraphs). This witness has also proved the supplementary medical report Ext.A-4. According to which hymen in the vagina of Km. Nirmala was torn. 20. PW-6 is Jagmohan, who has scribed the first information report Ext.A-1. He stated that on 16.02.1999 at about 8-8:30 p.m. Sabu-the complainant and Nirmala-the victim have come to his house. Sabu, narrated that accused Puran Lal, resident of village Dhadhung, had committed rape on his daughter-in-law. He stated that he scribed the F.I.R. verbatim as Sabu narrated before him. He stated that after scribing the F.I.R. same was read over and explained to Sabu. Sabu, narrated that accused Puran Lal, resident of village Dhadhung, had committed rape on his daughter-in-law. He stated that he scribed the F.I.R. verbatim as Sabu narrated before him. He stated that after scribing the F.I.R. same was read over and explained to Sabu. Thereafter, they went to P.S. Purola, where the report was lodged. PW-7 is Constable Madan Mohan, who on 16.02.1999 at about 11:30 p.m. on receiving the first information report Ext. A-1, lodged the report at Police Station Purola and prepared the Chik Report Ext.A-5. An entry was also made in the G.D., a copy of which is Ext. Ka-6 on the record. 21. The oral and documentary evidence was put to the accused in the form of questions u/s 313 Cr.P.C. who, in reply, denied the allegations made against him and stated that he has been falsely implicated in the case. 22. Learned Amicus-curiae for the accused/ appellant argued that as per the evidence discussed above the guilt of the accused is not proved and the trial Court has wrongly convicted the accused/appellant for the offence punishable u/s 376 and 324 I.P.C. Submission of the learned Amicus-curiae for the appellant is that as per the evidence produced by the prosecution, the prosecution has failed to prove its case beyond reasonable doubt against the accused. But the prosecutrix, in her examination-in-chief has categorically stated that on 15.02.1999 she had gone in village Dhadhung at the house of her maternal uncle-Mima Lal, her siblings i.e. sister, namely Rekha and brothers, namely, Anil Kumar and Sunil Kumar were accompanied with her. The accused is close-relative i.e. Brother in law (JIJA), as he had been married with her maternal uncle’s daughter, namely Prema. The accused was also present at her maternal uncle’s house. After witnessing Shivratri fair, when they returned to their maternal uncle’s house, they took meal. At about 10:00 p.m. she had gone to sleep in a room situate in ground floor in another house of her maternal uncle. Her siblings also slept in that room. At that fateful night, at about 11:00 p.m. the accused Puran Lal knocked the door with an ulterior motive saying her to open the door, as he has some work there. Her siblings also slept in that room. At that fateful night, at about 11:00 p.m. the accused Puran Lal knocked the door with an ulterior motive saying her to open the door, as he has some work there. Upon hearing this, she opened the door and as soon as she unlocked the door the accused entered inside the room and pouncing upon her, he started molesting her and outraged her modesty. He started biting her cheeks and breast with his teeth and when she tried to shriek, the accused threatened her to kill. The accused pushed her down forcefully and started unclothing her and in this process, he broke the string of her trouser and after exposing her, the accused raped on her forcefully penetrating his penis in her vagina. She was feeling pain during the course of rape. When she screamed, the accused slapped her. Her continuous weeping and screams awaken her sister Rekha. The accused also threatened Rekha to kill her. Rekha was also weeping and crying. After committing rape, the accused Puran Lal left the room. This witness is the sufferer and her evidence is quite natural and cogent. This witness has expressed the entire episode before the Court below step-by-step. PW-2, sister of the victim also supported the testimony of the victim. Thus, the evidence of PW-1 Km. Nirmala cannot be doubted. 23. Learned Amicus-curiae for the accused then submitted that the F.I.R. is belated one. But from perusal of entire evidence, it is suffice to say that in the circumstances as narrated, the victim was under acute fear, and due to shyness, she could not narrate the incident at her maternal uncle’s house; she has to take care of her siblings also. The accused was close-relative of the victim. It is out of imagine to a victim of rape as to how to face the reality, first of all she has to vigil over her self security and then either to reach home safely with the siblings or to complain it to the maternal uncle or to police station. It was not possible for her to go to police station immediately for lodging F.I.R. She disclosed the incident to her grandfather next day. This was natural. Her grandfather lodged F.I.R. without delay. 24. As suggested by learned Amicus-curiae, the accused was falsely implicated. It was not possible for her to go to police station immediately for lodging F.I.R. She disclosed the incident to her grandfather next day. This was natural. Her grandfather lodged F.I.R. without delay. 24. As suggested by learned Amicus-curiae, the accused was falsely implicated. It is contended that the area, where it is alleged, was densely populated, thus the victim has sufficient time to resist or to rescue herself. She contended that there was darkness inside the room, in such state of affairs, the identification of the accused was not possible. This argument also has no force. But it is out of imagine that a victim of rape would implicate a close-relative falsely. Learned Amicus-curiae then contended that the judgment of trial Court is based on presumptions and surmises, as there is no corroborative statement of the incident. She then submitted that the trial Court did not consider the medical examination reports, as the medical reports do not support the prosecution story verbatim. It is further submitted that when the victim was medically examined by the doctor the victim was in menstruation that is why the doctor could not give any opinion about the rape committed on the victim. However, in the incident like rape, the medical report is merely supplementary evidence. In medical report, it has come that hymen was ruptured. In the case of rape, the solitary and unshaken evidence of victim is sufficient to prove the guilt beyond reasonable doubt. Therefore, on the above said circumstances and on the basis of the opinion of the doctor that no definite opinion about the rape can be given, the oral testimony of the victim cannot be disbelieved. As discussed above, the evidence of Km. Nirmala is creditable, trustworthy and natural which inspires confidence on each and every aspect. The accused was close-relative of the victim as also of her siblings, therefore, the culprit can easily be identified with his voice, when he threatened the victim as well as her sister Km. Rekha at the time of committing rape on the victim. The marks of biting and other wounds are self-explanatory in order to prove the crime committed by the accused as such type of wounds cannot be said to be self inflicted. Thus, in the above said circumstances the argument advanced by the learned counsel for the appellants has no force. 25. On the other hand, Mr. The marks of biting and other wounds are self-explanatory in order to prove the crime committed by the accused as such type of wounds cannot be said to be self inflicted. Thus, in the above said circumstances the argument advanced by the learned counsel for the appellants has no force. 25. On the other hand, Mr. Raman K. Sah, learned Addl. Govt. Advocate for the State refuted the submission advanced by learned counsel for the accused and submitted that testimony of the victim and her sister, eyewitness, is sufficient to prove the case of the prosecution. 26. Relying upon the judgment of Hon’ble Apex Court in the case of Mahendra Singh v. State of M.P. reported in (2007) 3 Supreme Court Cases (Cri.) 583, learned Addl. Govt. Advocate for the State submitted that it is now a well-settled principle of law that conviction can be based on the basis of the testimony of a sole eyewitness. 27. This is a settled principle of law that the conviction can be made on the basis of solitary evidence if the evidence tendered by such witness is cogent, reliable and in tune with probabilities and inspires implicit confidence. In the present case in hand, the evidence of prosecutrix PW-1 Km. Nirmala, as discussed above is fully reliable, trustworthy and inspires confidence. Nothing has come out in her cross examination also which may create any doubt in the prosecution case. Her testimony is fully corroborated with the evidence of another witness PW-2, who is eyewitness and was 14 yeas’ of age at the time of recording statement. Statements of these two witnesses are cogent, unshaken and trustworthy. 28. From the above discussions, it is proved that the evidence of PW-1 Km. Nirmala- victim, is quite convincing, natural and inspires confidence and there is no reason to disbelieve her testimony. The testimony of PW-1 is fully corroborated with the other evidence adduced by the prosecution. The accuse could not show as to what was to reason to implicate him falsely, leaving the real culprits. Thus, learned Sessions Judge, Uttarkashi has rightly convicted the accused appellant as mentioned above. The judgment and order dated 21.04.2001 passed by the Sessions Judge, Uttarkashi is justified and correct as per the discussions above which does not warrant interference at this stage and the appeal preferred by the appellant is liable to be dismissed. 29. Thus, learned Sessions Judge, Uttarkashi has rightly convicted the accused appellant as mentioned above. The judgment and order dated 21.04.2001 passed by the Sessions Judge, Uttarkashi is justified and correct as per the discussions above which does not warrant interference at this stage and the appeal preferred by the appellant is liable to be dismissed. 29. Accordingly, the appeal preferred by the accused/appellant Puran Lal is hereby dismissed. The conviction and sentence awarded by the learned Sessions Judge, Uttarkashi to the accused/ appellant for the offence punishable under Section 376 and 324 I.P.C. is affirmed. The period already spent by the appellant in jail shall be attuned out of the sentence awarded by the Court below after making verification from the record. 30. The accused/appellant is on bail. His bail-bonds are hereby cancelled. The accused/appellant Puran Lal be taken in custody immediately to make accused to serve out the sentence awarded to him. Let a copy of this judgment, alongwith the record of the Court below be sent to the Trial Court.