Judgment : Sanjay Karol, J. Assailing the judgment dated 22.11.2005, passed by learned Addl. Sessions Judge, Fast Track Court, Una, District Una, H.P., in Sessions Case No. 4/05 - RBT: 59/05/05 [Sessions Trial No. 8/05 RBT: 44/05], titled as State of H.P. vs. Raj Kumar @ Raju, whereby accused stands convicted for having committed offences punishable under the provisions of Sections 376 and 506 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and pay fine of Rs.50,000/- for an offence punishable under Section 376 IPC and in default thereof, to further undergo rigorous imprisonment for a period of two years and rigorous imprisonment for a period of seven years and fine of Rs.10,000/- for an offence punishable under Section 506 IPC. and in default thereof, to further undergo rigorous imprisonment for a period of one year, he has filed the present appeal under the provisions of Section 374(2) read with Section 382 of the Code of Criminal Procedure, 1973. 2. It is the case of prosecution that on 28.10.2004, prosecutrix (PW-9) along with her mother Smt. Raj Kumari (PW-10) lodged a complaint with the police that accused had been repeatedly subjecting the prosecutrix, his own daughter, to forcible sexual intercourse. Based thereupon, SI-Diwan Chand (PW-16), SHO Police Station Amb registered F.I.R. No. 235/2004, dated 28.10.2004 (Ext. PW-9/A) against the accused, under the provisions of Sections 376 and 506 of the Indian Penal Code. Prosecutrix was got medically examined from Dr. Murnal Lakhi (PW-8) who as per MLC (Ext.PW-8/3 & 8/D) opined that prosecutrix had been subjected to sexual intercourse. Police conducted necessary investigation and recovered incriminating material including bed sheet (Ext. P2) and pillow cover (Ext.P-3). Also on the allegation that accused used to beat the prosecutrix with a hockey stick (Ext.P-6), the same was recovered and seized vide memo (Ext. PW-9/D). Report (Ext. PW-16/E) from the Forensic Science Laboratory, Junga was taken on record by the police. With the completion of investigation, which prima facie, revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial. 3. Accused was charged for having committed offences punishable under the provisions of Sections 376 and 506 of the Indian Penal Code, to which he did not plead guilty and claimed trial. 4. With the completion of investigation, which prima facie, revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial. 3. Accused was charged for having committed offences punishable under the provisions of Sections 376 and 506 of the Indian Penal Code, to which he did not plead guilty and claimed trial. 4. In order to prove its case, in all, prosecution examined as many as sixteen witnesses and statement of the accused under Section 313 Cr. P.C. was also recorded, in which he took up the following defence:- “I am innocent as the false case has been planted against me with an intention to grave (sic grab) my property as my wife, mother of the victim, is having illicit relation with one Bahadur Singh son of Jai Singh of my village who is my first cousin.” No evidence, in defence, was led by the accused. 5. Appreciating the material on record, including the testimonies of witnesses, trial Court convicted the accused of the charged offences and sentenced as aforesaid. Hence, the present appeal. 6. It is one of those unfortunate cases where allegedly, accused committed rape of his own minor daughter. Trial Court found the testimony of the prosecutrix (PW-9), her mother Smt. Raj Kumar (PW-10) and other witnesses to be absolutely inspiring in confidence. As a Court of appeal, we are duty bound to examine the legality of findings so returned in the impugned judgment. We also have to examine as to whether the defence taken by the accused stands probablized; prosecution version is free from doubt or suspicion; or that testimonies of prosecution witnesses inspire confidence and are free from contradictions, embellishments, exaggerations and improvements rendering their version to be doubtful if not false and that prosecution has been able to establish its case beyond reasonable doubt. 7. We extensively heard learned counsel appearing on both sides and perused the record. 8. First we shall examine the issue of date of birth of the prosecutrix. Apart from the testimony of prosecutrix (PW-9) and her mother (PW-10), we find that Smt. Veena Kumari (PW-2), Assistant Secretary of Gram Panchayat Nari, has proved the birth certificate (Ext. PW-2/A), recording date of birth of the prosecutrix to be 21.8.1992. We also find that HC-Balbir Singh (PW-7) had taken such certificate on record in the presence of independent witness Sh. Sunil Kumar (PW-3). PW-2/A), recording date of birth of the prosecutrix to be 21.8.1992. We also find that HC-Balbir Singh (PW-7) had taken such certificate on record in the presence of independent witness Sh. Sunil Kumar (PW-3). F.I.R. was registered on 28.10.2004 which means that as on that date, prosecutrix was 12 years of age. 9. Dr. Murnal Lakhi (PW-8) conducted medical examination on 28.10.2004 to whom prosecutrix disclosed that her father had been continuously subjecting her to sexual intercourse. Also she was beaten with a hockey stick and fist blows. On physical examination Doctor observed as under:- “History of injuries Mark of violence present on back. 1. Bruises present on right shoulder 2 inch X 2 inch dark blue in colour, no pain, no tenderness. 2. Bruises present on mid back 1 inch X 1 inch dark brown in colour, no pain, no tenderness. 4. Old injury mark dark brown in colour on upper eye lid right eye. Examination of genital 1. Pubic hair was present. 2. Hymen was ruptured become shrunken and look like small granular tissue. 3. No suspicious stains blood, injury marks present on labia majora and labia minora 4. Vaginal walls enterior and posterior, no injury. 5. Per vaginal – two fingers easily passing in the vagina, not painful.” After receiving report of the chemical examiner she opined the victim to have been subjected to sexual intercourse. Significantly there is not much cross examination on these aspects by the accused. Thus it stands established that prosecutrix had been subjected to sexual intercourse. 10. The question which needs to be examined is as to whether it is the accused who is responsible for having committed the charged offences nor not. From the conjoint reading of testimonies of the prosecutrix (PW-9), her mother Smt. Raj Kumari (PW-10), maternal grand-mother Smt. Soma Devi (PW-4) and maternal grand-father Sh. Jagdish Ram (PW-11), we find that prosecution has been able to establish its case beyond reasonable doubt. Testimonies of these witnesses cannot be said to be false or un-inspiring in confidence. Also, witnesses cannot be said to untrustworthy or unreliable. There are no material contradictions, embellishments, exaggerations and improvements in their testimonies which would even remotely render the prosecution case to be doubtful. 11. The defence, to say the least, being preposterous, cannot be said to have been remotely probablized. Also, witnesses cannot be said to untrustworthy or unreliable. There are no material contradictions, embellishments, exaggerations and improvements in their testimonies which would even remotely render the prosecution case to be doubtful. 11. The defence, to say the least, being preposterous, cannot be said to have been remotely probablized. From the testimonies of the witnesses, it cannot be inferred that PW-10 had any intent of grabbing the property of her husband. In fact there is nothing on record to establish any wealth of the accused, in the shape of moveable and/or immoveable property. Also, there is nothing on record to even suggest his wife’s unchastity. To the contrary, it stands established that accused was an idler and a drunkard. 12. At this juncture we deem it appropriate to deal with the statement of law on the point. 13. In Rameshwar v. The State of Rajasthan, AIR 1952 SC 54 , the Supreme Court has held that previous statement of the raped girl to her mother, immediately after the occurrence, is not only admissible and relevant as to her conduct, but also constitutes corroboration of her statement under the provisions of section 157 of the Evidence Act. In order to come to the aforesaid conclusions, illustration (j) to section 8 of the Evidence Act was relied upon. In that case, the victim, named Purni, was 7/8 years old. She was not administered oath, but was held to be competent witness and, therefore, duly examined and believed. 14. In State of Punjab versus Jagir Singh (1974) 3 SCC 277 the apex Court held that:- "A criminal trial is not like a fairy tale wherein one is free to give fight to one's imagination and fantasy. It concerns itself with the question as to whether the accused arraigned at the trial is guilty of the crime with which he is charged. Crime is an event in real life and is the product of interplay of different human emotions. In arriving at the conclusion about the guilt of the accused charged with the commission of a crime, the Court has to judge the evidence by the yardstick of probabilities, its intrinsic worth and the animus of witnesses. Every case in the final analysis would have to depend upon its own facts. In arriving at the conclusion about the guilt of the accused charged with the commission of a crime, the Court has to judge the evidence by the yardstick of probabilities, its intrinsic worth and the animus of witnesses. Every case in the final analysis would have to depend upon its own facts. Although the benefit of every reasonable doubt should be given to the accused, the Courts should not at the same time reject evidence which is ex facie trustworthy on grounds which are fanciful or in the nature of conjectures." (Emphasis supplied) 15. The Apex Court in State of Rajasthan versus N. K. THE ACCUSED (2000) 5 SCC 30 has held that:- “… …It is true that the golden thread which runs throughout the cobweb of criminal jurisprudence as administered in India is that nine guilty may escape but one innocent should not suffer. But at the same time no guilty should escape unpunished once the guilt has been proved to hilt. An unmerited acquittal does no good to the society. If the prosecution has succeeded in making out a convincing case for recording a finding as to the accused being guilty, the Court should not lean in favour of acquittal by giving weight to irrelevant or insignificant circumstances or by resorting to technicalities or by assuming doubts and giving benefit thereof where none exists. A doubt, as understood in criminal jurisprudence, has to be a reasonable doubt and not an excuse for finding in favour of acquittal. An unmerited acquittal encourages wolves in the society being on prowl for easy prey, more so when the victims of crime are helpless females. It is the spurt in the number of unmerited acquittals recorded by criminal Courts which gives rise to the demand for death sentence to the rapists. The Courts have to display a greater sense of responsibility and to be more sensitive while dealing with charges of sexual assault on women.” (Emphasis supplied) 16. It is also a settled position of law that victim of a sex offence cannot be put on par with an accomplice. She is in fact a victim of the crime. If for some reason Court is hesitant to place implicit reliance on the testimony of the victim it may look for evidence which may lend assurance to her testimony short of corroboration required in the case of an accomplice. She is in fact a victim of the crime. If for some reason Court is hesitant to place implicit reliance on the testimony of the victim it may look for evidence which may lend assurance to her testimony short of corroboration required in the case of an accomplice. The nature of evidence required to lend assurance to the testimony of the victim must necessarily depend on the facts and circumstances of each case. If the totality of the circumstances appearing on the record of the case disclose that victim does not have a strong motive to falsely involve the person charged, Court should ordinarily have no hesitation in accepting her evidence. [ State of Maharashtra versus Chandraprakash Kewalchand Jain, (1990) 1 SCC 550 and O. M. Baby (dead) by Legal Representative vs. State of Kerala, 2012 (11) SCC 362 ]. 17. The Apex Court in State of Punjab versus Gurmit Singh and others, (1996) 2 SCC 384 has held that:- “… …The Courts must, while evaluating evidence, remain alive to the fact that in a case of rape, no self-respecting woman would come forward in a Court just to make a humiliating statement against her honour such as is involved in the commission of rape on her. In cases involving sexual molestation, supposed considerations which have no material effect on the veracity of the prosecution case or even discrepancies in the statement of the prosecutrix should not, unless the discrepancies are such which are of fatal nature, be allowed to throw out an otherwise reliable prosecution case. The inherent bashfulness of the females and the tendency to conceal outrage of sexual aggression are factors which the Courts should not overlook. The testimony of the victim in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the Courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. Seeking corroboration of her statement before relying upon the same, as a rule, in such cases amounts to adding insult to injury. Why should the evidence of a girl or a woman who complains of rape or sexual molestation, be viewed with doubt, disbelief or suspicion ? ---- --- --- “21. Seeking corroboration of her statement before relying upon the same, as a rule, in such cases amounts to adding insult to injury. Why should the evidence of a girl or a woman who complains of rape or sexual molestation, be viewed with doubt, disbelief or suspicion ? ---- --- --- “21. Of late, crime against women in general and rape in particular is on the increase. It is an irony that while we are celebrating women's rights in all spheres, we show little or no concern for her honour. It is a sad reflection on the attitude of indifference of the society towards the violation of human dignity of the victims of sex crimes. We must remember that a rapist not only violates the victim's privacy and personal integrity, but inevitably causes serious psychological as well as physical harm in the process. Rape is not merely a physical assault - it is often destructive of the whole personality of the victim. A murderer destroys the physical body of his victim, a rapist degrades the very soul of the helpless female. The Court, therefore, shoulder a great responsibility while trying an accused on charges of rape. They must deal with such cases with utmost sensitivity. The Courts should examine the broader probabilities of a case and not get swayed by minor contradictions or insignificant discrepancies in the statement of the prosecutrix, which are not of a fatal nature, to throw out an otherwise reliable prosecution case.” … … (Emphasis supplied) The Court again reiterated its view in Siriya @ Shri Lal vs. State of Madhya Pradesh, (2008) 8 SCC 72 . 18. In State of M.P. v. Dharkole alias Govind Singh and others, (2004) 13 SCC 308 the Apex Court has held that:- “9. … Eye witnesses' account would require a careful independent assessment and evaluation for their credibility which should not be adversely prejudged making any other evidence, including medical evidence, as the sole touchstone for the test of such credibility. The evidence must be tested for its inherent consistency and the inherent probability of the story; consistency with the account of other witnesses held to be credit-worthy; consistency with the undisputed facts; the 'credit' of the witnesses; their performance in the witness-box; their power of observation etc. Then the probative value of such evidence becomes eligible to be put into the scales for a cumulative evaluation.” “10. Then the probative value of such evidence becomes eligible to be put into the scales for a cumulative evaluation.” “10. A person has, no doubt, a profound right not to be convicted of an offence which is not established by the evidential standard of proof beyond reasonable doubt. Though this standard is a higher standard, there is, however, no absolute standard. What degree of probability amounts to 'proof' is an exercise particular to each case? "The simple multiplication rule does not apply if the separate pieces of evidence are dependent. Two events are dependent when they tend to occur together, and the evidence of such events may also be said to be dependent. In a criminal case, different pieces of evidence directed to establishing that the defendant did the prohibited act with the specified state of mind are generally dependent. A junior may feel doubt whether to credit an alleged confession, and doubt whether to infer guilt from the fact that the defendant fled from justice. But since it is generally guilty rather than innocent people who make confessions and guilty rather than innocent people who run away, the two doubts are not to be multiplied together. The one piece of evidence may confirm the other." “11. Doubts would be called reasonable if they are free from a zest for abstract speculation. Law cannot afford any favourite other than truth. To constitute reasonable doubt, it must be free from an over emotional response. Doubts must be actual and substantial doubts as to the guilt of the accused persons arising from the evidence, or from the lack of it, as opposed to mere vague apprehensions. A reasonable doubt is not an imaginary, trivial or a merely possible doubt; but a fair doubt based upon reason and commonsense. It must grow out of the evidence in the case.” [Emphasis supplied] 19. In Dattu Ramrao Sakhare v. State of Maharashtra ( 1997 (5) SCC 341 ) it held that: '5. …..A child witness if found competent to depose to the facts and reliable one such evidence could be the basis of conviction. In other words even in the absence of oath the evidence of a child witness can be considered under Section 118 of the Evidence Act provided that such witness is able to understand the answers thereof. …..A child witness if found competent to depose to the facts and reliable one such evidence could be the basis of conviction. In other words even in the absence of oath the evidence of a child witness can be considered under Section 118 of the Evidence Act provided that such witness is able to understand the answers thereof. The evidence of a child witness and credibility thereof would depend upon the circumstances of each case. The only precaution which the Court should bear in mind while assessing the evidence of a child witness is that the witness must be a reliable one and his/her demeanour must be like any other competent witness and there is no likelihood of being tutored'. The decision on the question whether the child witness has sufficient intelligence primarily rests with the trial Judge who notices his manners, his apparent possession or lack of intelligence, and said Judge may resort to any examination which will tend to disclose his capacity and intelligence as well as his understanding of the obligation of an oath. The decision of the trial court may, however, be disturbed by the higher Court if from what is preserved in the records, it is clear his conclusion was erroneous. This precaution is necessary because child witnesses are amenable to tutoring and often live in a world of make beliefs. Though it is an established principle that child witnesses are dangerous witnesses as they are pliable and liable to be influenced easily, shaped and moulded, but it is also an accepted norm that if after careful scrutiny of their evidence the Court comes to the conclusion that there is an impress of truth in it, there is no obstacle in the way of accepting the evidence of a child witness.” 20. In Radhu v. State of Madhya Pradesh, (2007) 12 SCC 57 , the Apex Court has held that “… Even if there is consent, the act will still be a 'rape', if the girl is under 16 years of age” and “There have also been rare instances where a parent has persuaded a gullible or obedient daughter to make a false charge of a rape either to take revenge or extort money or to get rid of financial liability. Whether there was rape or not would depend ultimately on the facts and circumstances of each case”. 21. Whether there was rape or not would depend ultimately on the facts and circumstances of each case”. 21. In State of Himachal Pradesh vs. Suresh Kumar (2009) 16 SCC 697 , the Apex Court was dealing with a case where victim was ravished by the accused on 15.3.2000 which incident was narrated by the victim to her sister later during the day. She also narrated the incident to her parents the following day and later on to the Doctors. Court accepted the statement of the sister, parents and the doctors while holding the accused guilty. Importantly, Apex Court reversed the finding recorded by the High Court wherein it was held that statement of the victim being minor was not worthy of credence. 22. The apex Court in Radhakrishna Nagesh Versus State of Andhra Pradesh, (2013) 11 SCC 688 had an occasion to deal with a case of a child victim. After considering its earlier decisions, the Court held that Court must examine the evidence of the prosecution in its entirely and then see its cumulative effect to determine whether offence of rape stands committed or not. 23. The apex Court in Bharwada Bhoginbhai Hirjibhai v. State of Gujarat, (1983) 3 SCC 217 has held as under: “9. 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 injury. Why should the evidence of the girl or the woman who complains of rape or sexual molestation be viewed with the aid of spectacles fitted with lenses tinged with doubt, disbelief or suspicion? To do so is to justify the charge of male chauvinism in a male dominated society. We must analyze the argument in support of the need for corroboration and subject it to relentless and remorseless crossexamination. And we must do so with a logical, and not an opinionated, eye in the light of probabilities with our feet firmly planted on the soil of India and with our eyes focussed on the Indian horizon. We must not be swept off the feet by the approach made in the western world which has its own social milieu, its own social mores, its own permissive values, and its own code of life. Corroboration may be considered essential to establish a sexual offence in the backdrop of the social ecology of the western world. We must not be swept off the feet by the approach made in the western world which has its own social milieu, its own social mores, its own permissive values, and its own code of life. Corroboration may be considered essential to establish a sexual offence in the backdrop of the social ecology of the western world. It is wholly unnecessary to import the said concept on a turnkey basis and to transplant it on the Indian soil regardless of the altogether different atmosphere, attitudes, mores, responses of the Indian society, and its profile. The identities of the two worlds are different. The solution of problems cannot therefore be identical. It is conceivable in the western society that a female may level false accusation as regards sexual molestation against a male for several reasons such as :- (1) The female may be a 'gold digger' and may well have an economic motive- to extract money by holding out the gun of prosecution or public exposure. (2) She may be suffering from psychological neurosis and may see an escape from the neurotic prison by phantasizing or imagining a situation where she is desired, wanted, and chased by males. (3) She may want to wreak vengeance on the male for real or imaginary wrongs. She may have a grudge against a particular male, or males in general, and may have the design to square the account. (4) She may have been induced to do so in consideration of economic rewards, by a person interested in placing the accused in a compromising or embarrassing position, on account of personal or political vendetta. (5) She may do so to gain notoriety or publicity or to appease her own ego or to satisfy her feeling of self-importance in the context of her inferiority complex. (6) She may do so on account of jealousy. (7) She may do so to win sympathy of others. (8) She may do so upon being repulsed. 10. By and large these factors are not relevant to India, and the Indian conditions. Without the fear of making too wide a statement, or of overstating the case, it can be said that rarely will a girl or a woman in India make false allegations of sexual assault on account of any such factor as has been just enlisted. 10. By and large these factors are not relevant to India, and the Indian conditions. Without the fear of making too wide a statement, or of overstating the case, it can be said that rarely will a girl or a woman in India make false allegations of sexual assault on account of any such factor as has been just enlisted. The statement is generally true in the context of the urban as also rural society. It is also by and large true in the context of the sophisticated not so sophisticated, and unsophisticated society. Only very rarely can one conceivably come across an exception or two and that too possibly from amongst the urban elites. Because :- (1) A girl or a woman in the tradition bound non-permissive society of India would be extremely reluctant even to admit that any incident which is likely to reflect on her chastity had ever occurred, (2) She would be conscious of the danger of being ostracized by the Society or being looked down by the society including by her own family members, relatives, friends, and neighbours, (3) She would have to brave the whole world. (4) She would face the risk of losing the love and respect of her own husband and near relatives, and of her matrimonial home and happiness being shattered. (5) If she is unmarried, she would apprehend that it would be difficult to secure an alliance with a suitable match from a respectable or an acceptable family. (6) It would almost inevitably and almost invariably result in mental torture and suffering to herself. (7) The fear of being taunted by others will always haunt her. (8) She would feel extremely embarrassed in relating the incident to others being overpowered by a feeling of shame on account of the upbringing in a tradition bound society where by and large sex is taboo. (9) The natural inclination would be to avoid giving publicity to the incident lest the family name and family honour is brought into controversy. (10) The parents of an unmarried girl as also the husband and members of the husbands' family of a married woman, would also more often than not, want to avoid publicity on account of the fear of social stigma on the family name and family honour. (10) The parents of an unmarried girl as also the husband and members of the husbands' family of a married woman, would also more often than not, want to avoid publicity on account of the fear of social stigma on the family name and family honour. (11) The fear of the victim herself being considered to be promiscuous or in some way responsible for the incident regardless of her innocent. (12) The reluctance to face interrogation by the investigating agency, to face the Court, to face the cross-examination by counsel for the culprit, and the-risk of being disbelieved, act as a deterrent. 11. In view of these factors the victims and their relatives are not too keen to bring the culprit to books. And when in the face of these factors the crime is brought to light there is a built-in assurance that the charge is genuine rather than fabricated. On principle the evidence of a victim of sexual assault stands on par with evidence of an injured witness. Just as a witness who has sustained an injury (which is not shown or believed to be self-inflicted) is the best witness in the sense that he is least likely to exculpate the real offender, the evidence of a victim of a sexoffence is entitled to great weight, absence of corroboration notwithstanding. And while corroboration in the form of eye-witness account of an independent witness may often be forthcoming in physical assault cases, such evidence cannot be expected in sex offences, having regard to the very nature of the offence. It would therefore be adding insult to injury to insist on corroboration drawing inspiration from the rules devised by the Court's in the western world (obeisance to which has perhaps become a habit presumably on account of the colonial hangover). It would therefore be adding insult to injury to insist on corroboration drawing inspiration from the rules devised by the Court's in the western world (obeisance to which has perhaps become a habit presumably on account of the colonial hangover). We are therefore of the opinion that if the evidence of the victim does not suffer from any basic infirmity, and the 'probabilities- factor' does not render it unworthy of credence, as a general rule, there is no reason to insist on corroboration except from the medical evidence, where, having regard to the circumstances of the case, medical evidence can be expected to be forthcoming, subject to the following qualification : Corroboration may be insisted upon when a woman having attained majority is found in a compromising position and there is a likelihood of her having levelled such an accusation on account of the instinct of self preservation. Or when the 'probabilities-factor' is found to be out of tune.” [Also see: State of H.P. v. Asha Ram, (2005) 13 SCC 766 ] 24. According to the prosecutrix (PW-9), one day her father sent her mother and brother out of the house and bolted the door from inside. Thereafter, he ravished her. She categorically states that “Mere Sath Mere Papa Ne Galat Kam Kia”. In local dialect she has explained the meaning of “Bura Kam”, which the trial Court records as “MERE PASHAB BALI JAGAH MAIN APNI PASHAB KARNE BALI JAGAH DAL DE”. She states that she bled and on the asking of her father washed her clothes. Her brother and mother knocked at the door from outside. Her father opened the door and went towards the bazaar. When her mother and brother came inside, she narrated the incident to them. Fearing social stigma, incident was not narrated to anyone. None in the neighbourhood liked her father as he had been teasing the village girls and ladies, calling them bad names. Thereafter on several occasions she was ravished by her father. She was also beaten with a hockey stick. Finding an opportune moment, family sought refuge in the house of her maternal grand father to whom they narrated the incident. Even there accused came and gave beatings to her mother. Finally matter was reported to the police, who conducted the investigation by getting her medically examined. Also, police took into possession bed sheets (Ext. P-1/P-2), pillow cover (Ext. Finding an opportune moment, family sought refuge in the house of her maternal grand father to whom they narrated the incident. Even there accused came and gave beatings to her mother. Finally matter was reported to the police, who conducted the investigation by getting her medically examined. Also, police took into possession bed sheets (Ext. P-1/P-2), pillow cover (Ext. P-3), clothes/salwar (Ext.P- 4/P-5) and hockey stick (Ext.P-6). In cross-examination, we do not find her testimony to have been shattered in any manner. On the contrary, she has elaborately disclosed the manner in which her father ravished her on different occasions, time and place. In Court, prosecutrix has deposed exactly what she had initially disclosed to the police. She describes the manner in which her father caught her, made her lie on the ground and ravished her time and again. She was repeatedly threatened and intimidated by him. She denies Bahadur Singh to have frequently visited her house. Unambiguously, she denies having deposed on his asking. 25. Version of the prosecutrix stands materially corroborated by her mother (PW-10). Her deposition, unequivocally clear, is to the effect that her husband has been repeatedly ravishing her daughter. Also, accused threatened not to disclose the incident to anyone, lest members of the family be killed. Even, she was assaulted on several occasions. To save family honour and the family from social stigma, matter was not reported. Only under extreme circumstances, when family decided to commit suicide, matter was reported to the police. 26. Both Smt. Soma Devi (PW-4) and Sh. Jagdish Ram (PW-11) have corroborated the version of these witnesses. No doubt, PW-11 admits in his cross examination that he did not locally report the matter or convene the meeting of panchayat, but then this fact would not render the prosecution story to be doubtful. Witness admits that in the morning of 24.10.2004, accused came to his house. 27. Significantly accused did not report the matter to the panchayat or tried to call for any meeting in relation to his matrimonial disputes or unchastity of his wife. 28. We find that victim as well as her mother remained under trauma to the most inhuman and repulsive act and conduct of the accused. They were mentally and physically intimidated and assaulted. 28. We find that victim as well as her mother remained under trauma to the most inhuman and repulsive act and conduct of the accused. They were mentally and physically intimidated and assaulted. Accused crossed all norms of society and without any sense of remorseness and in utter disregard of all moral and social values and ethics, committed a heinous crime of subjecting daughter to forcible sexual intercourse and his family to great trauma. It is only after his wife was totally shattered and the family decided to commit suicide that they mustered courage of reporting the matter to the police. 29. Thus, from the material placed on record, it stands established by the prosecution, beyond reasonable doubt, by leading clear, cogent, convincing and reliable piece of evidence that accused committed the charged offences. 30. For all the aforesaid reasons, we find no reason to interfere with the judgment passed by the trial Court. The Court has fully appreciated the evidence placed on record by the parties. There is no illegality, irregularity, perversity in correct and complete appreciation of the material so placed on record by the parties. Findings of conviction cannot be said to be illegal, erroneous or perverse. Hence, the appeal is dismissed. Records of the Court below be immediately sent back.