JUDGMENT Hon’ble Servesh Kumar Gupta, J. This appeal challenges the judgment and order of conviction dated 27.03.2013, rendered by the Sessions Judge, Pithoragarh in Sessions Trial No.26 of 2012, State vs. Ajeem Parvej @ Banti. The said trial pertains to Crime No.72 of 2011 Police Station Pithoragarh, wherein the accused/appellant was tried for the offence under section 376 of I.P.C. and section 3(1)(XII) of the SC/ST Act. The trial culminated into conviction for the offence of section 376 of I.P.C, while for the offence of 3(1)(XII) of the SC/ST Act, he was acquitted. The learned Judge has appropriately sentenced the appellant. 2. As disclosed in the First Information Report lodged by Kumari Aakriti Napalchyal, the accused and informant both hail from Dharchula (Tehsil Head Quarter of District Pithoragarh), wherein the accused used to run a shop of mobile repairing as well as its sim recharging. Km. Aakriti was student of Intermediate in the year 2010. She used to visit the shop of the accused for recharging her mobile. The accused began to court her and for that used to oblige Km. Aakriti by way of not receiving any money in lieu of recharging her mobile and he did not receive the money despite of her insistence the payments of such recharging. In the month of November 2010, she came to Pithoragarh to pursue her graduation studies, hired a room for rent to dwell in. The accused explore a chance and came to Pithoragarh. He stayed in a hotel titled as “Punetha Inn”. He made a ring call at about 7.00 pm to Km. Aakriti there. She honored his call and went to the place of his stay in the hotel. He insisted her to have cold drink and the drink was laced with some intoxicant. Despite her resistance she was persuaded to consume the same, which made her semi unconscious over night. Abusing such position of Km. Aakriti appellant done sexual intercourse with her. Having regained her consciousness in the morning, she found herself nude. That apart, the accused made video clipping of her nude body and this fact was revealed when after almost eight months of the incident, the appellant strived to blackmail her by way of airing her nude photos to the local people at Dharchula. The accused was doing so with the help of Information Technology (Bluetooth) and circulated the same nude photos using that technology. The accused was doing so with the help of Information Technology (Bluetooth) and circulated the same nude photos using that technology. Thus, her nude position was exposed in the cell phones of everybody in the town. These photos were noticed in their cell phone by the family members of the victim, and she was informed accordingly. Hearing this, she came to Dharchula from Pithoragarh and lodged the First Information Report (EX ka1) on 13.08.2011. The statement of Km. Aakriti was recorded by the Judicial Magistrate on 17.08.2011. The said statement is Ex. ka2. She has narrated the same version in her statement before the Magistrate under section 164 of Cr.P.C. The police investigated the matter and submitted charge sheet against the appellant for the offence of section 376 of I.P.C, and section 3(1)(XII) of the SC/ST Act. Charges were levelled by the learned trial judge, accordingly, and the appellant was put to trial. After the prosecution evidence, the accused/appellant simply denied the occurrence and expressed his ignorance from any fact of the case. 3. Having heard the learned counsel on behalf of the appellant as well as the State counsel, it appears that Km. Aakriti PW1 has been examined in the court and she has deposed that appellant Parvej @ Banti was in acquaintance with her. He also lives in her native town Dharchula. He runs a shop of cell phones including its repairing and recharging the sim cards. Whenever, she went to get her mobile flexi, he refused to take the money from her, despite her insistence to take the money. In November 2010, she came to Pithoragarh to pursue her studies in B.A Ist Year and hired a rented accommodation there. Even when she was living at Pithoragarh, accused was in the habit of pestering her by way of making the repeated calls on the cell phones. He used to insist her for meeting, despite her reluctance and refusal. 4. On fateful day of December 2010, Banti rang her in the evening and she honored her call to reach in “ Punetha inn” hotel about 7.00 PM. He was staying in Room No. 102 of hotel, which he got booked, not by his name, but by the name of another person Ravi Kumar. On reaching to the hotel, accused persuaded him to have the cold drink. On his repeated pressing, the victim accepted her cold drink. He was staying in Room No. 102 of hotel, which he got booked, not by his name, but by the name of another person Ravi Kumar. On reaching to the hotel, accused persuaded him to have the cold drink. On his repeated pressing, the victim accepted her cold drink. Having consumed that drink, she felt giddy and later on lost her conscious. She opened her eyes next day in the morning in the same room of the hotel and found her denuded. She felt that she had been raped during her unconscious state of mind. When she gained her consciousness in the morning, Pravej @ Banti accused was not present there. She immediately put on her clothes and came out from hotel. On account of shame and fear of her and her family, she could not muster the courage to disclose the incident to anybody and kept mum. When she reached to her room in the morning, again call phone of Banti was there with a threat that if the incident is disclosed to anybody then she will be killed. Months on past and it was only 13th August 2011 when she came to know through her family members that her nude clipping was being circulated in the mobile phone of everybody at Dharchula through the bluetooth technology. She immediately rushed to the town and saw her nude pictures in the cell phone of her own mother. Only after seeing its nude photo, she recollected that the same had been snapped by accused at the time of abusing her position in “ Punetha inn” hotel in December 2010, so she lodged the First Information Report. 5. Learned senior counsel of the defense has vehemently argued that this prosecution case should be thrown away just on the ground of inordinate delay in lodging the First Information Report inasmuch as the same was lodged after almost eight months of the incident. This Court is not inclined to accept such defence argument because the delay has been explained by the victim in her deposition. Her statement that when in the next morning she found herself bare bodied lying on the bed in the hotel room then immediately she put her on clothes and left that hotel and came to her room. This Court is not inclined to accept such defence argument because the delay has been explained by the victim in her deposition. Her statement that when in the next morning she found herself bare bodied lying on the bed in the hotel room then immediately she put her on clothes and left that hotel and came to her room. She could not disclose what happened to her on account of shame and fear thinking that the disclosure of the incident will defame not only her chastity but also to her parents so she could not muster the courage to reveal the incident to anybody and keep the same in her heart. This is not natural for such a girl who had just attained the age of majority. The inherent bashfulness of a girl or woman always prevents her from disclosing such an incident in Indian Traditional Society and this is the reason such a crime remains unreported many a times. The learned court below has also expressed its observations and views inconformity of the concept herein expressed above. I am in full agreement with the views of learned trial judge and those have been propounded by Hon’ble Apex Court time and again in a catena of judgments. One of the significant judgment of such incident is State of Punjab vs. Gurmit Singh and others AIR 1996 S.C. 1393 which is as under: “……. 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 complaints of rape or sexual molestation, be viewed with doubt, disbelief or suspicion? The Court while appreciating the evidence of a prosecutrix may look for some assurance of her statement to satisfy its judicial conscience, since she is a witness who is interested in the outcome of the charge levelled by her, but there is no requirement of law to insist upon corroboration of her statement to base conviction of an accused. The Court while appreciating the evidence of a prosecutrix may look for some assurance of her statement to satisfy its judicial conscience, since she is a witness who is interested in the outcome of the charge levelled by her, but there is no requirement of law to insist upon corroboration of her statement to base conviction of an accused. The evidence of a victim of sexual assault stands almost at par with the evidence of an injured witness and to an extent is even more reliable. Just as a witness who has sustained some injury in the occurrence, which is not found to be self inflicted, is considered to be a good witness in the sense that he is least likely to shield the real culprit, the evidence of a victim of a sexual offence is entitled to great weight, absence of corroboration notwithstanding. Corroborative evidence is not an imperative component of judicial credence in every case of rape. Corroboration as a condition for judicial reliance on the testimony of the prosecutrix is not a requirement of law but a guidance of prudence under given circumstances. It must not be over looked that a woman or a girl subjected to sexual assault is not an accomplice to the crime but is a victim of another person’s lust and it is improper and undesirable to test her evidence with a certain amount of suspicion, treating her as if she were an accomplice. Inferences have to be drawn from a given set of facts and circumstances with realistic diversity and not dead uniformity lest that type of rigidity in the shape of rule of law is introduced through a new form of testimonial tyranny making justice a casualty. Courts cannot cling to a fossil formula and insist upon corroboration even if, taken as a whole, the case spoken of by the victim of sex crime strikes the judicial mind and probable…” 6. That apart, when she returned to her room in the morning, the accused made a ring call to her with a threatening that if she discloses the incident then she will be killed. So it was probable on her part to keep it in her heart and to save her chastity from being defamed in the small hilly remote town. That apart, when she returned to her room in the morning, the accused made a ring call to her with a threatening that if she discloses the incident then she will be killed. So it was probable on her part to keep it in her heart and to save her chastity from being defamed in the small hilly remote town. She could disclose the same only when the appellant aired her nude pictures through the cell phone technology then it was quite natural on her part to recollect the incident and muster the courage to lodge the First Information Report against the appellant. 7. The learned counsel has next argued that the sim card/chip nothing has been brought on record by the prosecution to show the nude pictures of the victim girl. This argument is unsustainable for the reason that, even if it is accepted for a moment, the court finds that appellant Parvej @ Banti was not even charge-sheeted by the Investigating Officer for the offence under the Information Technology Act. The reason was obvious because the information could not succeed in getting on the laptop/cell phones/various cell phone having the nude pictures of the victim in the appropriate laboratory, for the reason that laboratory refused to test the same expressing its constraints as there was no sufficient staff and the huge backlog of the material awaiting for testing. So the Investigating Officer did not charge-sheeted him under the Information Technology Act, and simplicitor charge sheet was submitted for the offence of 376 of I.P.C as well as under the SC/ST Act. Although there is formidable evidence that the girl is of SC class but the appellant had not been punished having SC/ST Act so he had no grievance on that score. 8. As regard of provision section 376 of I.P.C, although the deposition of PW1 is enough to nail the appellant in the clutches of law. Nothing has been elicited from her cross-examination to shake her credibility. Even so, the medical examination of the victim adverts that she did not possess the sign of virginity and the hymen was not present. Though, this examination has been done after eight months of the incident, nailing the appellant but it corroborates the occurrence with the victim by the appellant. 9. Even so, the medical examination of the victim adverts that she did not possess the sign of virginity and the hymen was not present. Though, this examination has been done after eight months of the incident, nailing the appellant but it corroborates the occurrence with the victim by the appellant. 9. Thus, in view of what has been stated above, I feel there is no merit in this appeal, it deserves dismissal. The Court dismisses the appeal and the impugned judgment and order passed by the court below is hereby sustained. Appellant is in jail. He shall serve out the sentence as awarded by the learned trial judge. 10. Let the record of the case be sent to the court concerned.