Judgment Rajiv Sharma, J. This appeal is instituted against the judgment dated 28.3.2013 rendered by the Additional Sessions Judge, Fast Track Court, Chamba, District Chamba in Sessions Trial No. 56/12 whereby the appellant-accused (hereinafter referred to as the “accused” for convenience sake), who was charged with and tried for offence punishable under sections 376 and 506 of the Indian Penal Code, has been convicted and sentenced to undergo life imprisonment for offence under section 376 (2) (f) of the Indian Penal Code and to pay a fine of ` 50,000/-. He was also sentenced to undergo rigorous imprisonment for three years for offence under section 506 of the Indian Penal Code and to pay a fine of ` 5,000/- and in default of payment of fine he was further directed to undergo simple imprisonment for one year. Both the sentences were ordered to run concurrently. 2. Case of the prosecution, in a nutshell, is that prosecutrix used to reside at Dalhousie with her parents. She was studying in Moti Ka Tibba School. Her native place is Aruwan. Her grand-parents had been living in joint family. Three years back, somewhere in the month of December, 2009, during winter vacation, prosecutrix visited the place of her grand-parents. She had been taken there by her mother. While at the place of her grand parents, prosecutrix was playing with her younger brother. Accused called her to the room on the first floor. She responded to the call of the accused. On reaching the room, accused bolted the door from inside and made the prosecutrix lie on the bed. Her mouth was gagged. Accused stripped off salwar of prosecutrix of her one leg. He put off his trousers. Accused laid on prosecutrix and thrust his penis inside her vagina. She fell unconscious. When she regained conscious, prosecutrix found no one in the room. Accused also criminally intimidated prosecutrix not to disclose this act to anyone, otherwise she would be killed. After 10-15 days again, accused took prosecutrix to the same room and committed sexual intercourse with her. Thereafter, prosecutrix returned to Dalhousie. Again after two months, prosecutrix visited her grand-parents on seven days vacation in the school. During this period also, accused took the prosecutrix forcibly to his own room where he had sexual intercourse with her and also criminally intimidated her not to disclose to anyone. Thereafter, prosecutrix returned to Dalhousie. Again after two months, prosecutrix visited her grand-parents on seven days vacation in the school. During this period also, accused took the prosecutrix forcibly to his own room where he had sexual intercourse with her and also criminally intimidated her not to disclose to anyone. After a lapse of 2-3 months again prosecutrix visited her grandparents and accused called her but she did not respond and slipped away. The prosecutrix started complaining of stomach ache, 2-3 months prior to September, 2012. She was given medicine by the local doctor. Her mother took her for treatment to Kakira Hospital on 3.9.2012. She was medically checked up by PW-8 Dr. Jasbir Kaur. She told the mother of prosecutrix that her daughter might have been sexually assaulted 2-3 years back. The mother inquired from the prosecutrix as to what happened with her 2-3 years back when she was at the place of her grand-parents at village Aruwan. Prosecutrix told her mother that accused committed sexual intercourse with her three times. Mother shared this incident with her husband. They went to the Police Station to lodge complaint. They filed complaint Ex.PW-1/A before the Deputy Superintendent of Police, Dalhousie, who forwarded the same to the Station House Officer, Police Station, Kihar with endorsement Ex.PW-12/A alongwith OPD slip Ex.PW-8/A. The prosecutrix was sent for medical examination to Regional Hospital, Chamba. PW-9 Dr. Arti Sharma and Dr. Richa Gupta medicaly examined the prosecutrix. No injury marks were found. In the opinion of PW-9 Dr. Arti Sharma, prosecutrix had been subjected to sexual intercourse, but it was not possible to say when this act was committed. She issued MLC Ex.PW-9/B. Accused was arrested. Date of birth of the prosecutrix was obtained. Date of birth of prosecutrix was found to be 21.4.2000. Accused was also medically examined. Investigation was completed and the challan was put up in the Court after completing all the codal formalities. 3. Prosecution examined as many as 12 witnesses in all to prove its case against the accused. Statement of the accused under section 313 of the Code of Criminal Procedure was also recorded. He pleaded innocence. According to him, false case has been made out against him due to personal enmity in the family. Learned Additional Sessions Judge, Fast Track Court, Chamba convicted and sentenced the accused, as noticed hereinabove. Hence, the present appeal. 4. Mr. Statement of the accused under section 313 of the Code of Criminal Procedure was also recorded. He pleaded innocence. According to him, false case has been made out against him due to personal enmity in the family. Learned Additional Sessions Judge, Fast Track Court, Chamba convicted and sentenced the accused, as noticed hereinabove. Hence, the present appeal. 4. Mr. Chandranarayan Singh has vehemently argued that the prosecution has failed to prove its case against the accused. 5. Mr. Ramesh Thakur, learned Assistant Advocate General has supported the judgment passed by the learned Additional Sessions Judge, Fast Track Court, Chamba. 6. We have heard the learned counsel for the parties and have gone through the record carefully. 7. PW-1 Babli is the mother of prosecutrix. She got married thirteen years back with Mohinder Singh. Her daughter was 12 years old and son was 9 years old. Her daughter was studying in 7th standard in Moti Tibba High School, Dalhousie. Her daughter used to complain of having stomach ache since 2-3 months. She was given medicine by the local doctor. She has taken her daughter for treatment to Kakira Hospital on 3.9.2012. Lady Doctor checked her. She told that her daughter might have been sexually assaulted 2-3 years back. Doctor prescribed medicine for 10-15 days. On returning home, she inquired from her daughter as to what happened with her 2-3 years back. Her daughter told that accused had sexual intercourse with her three years back when she was away at the place of her grand-parents. Accused was real brother of her husband and uncle of her daughter. Her daughter narrated that three years back when she was with her grand parents at Aruwan, accused came and called her to the room. Her daughter, being niece of accused, responded to his call and went to the room. Accused bolted the door from inside and thereafter he committed sexual intercourse with her daughter after putting off her clothes. Her daughter told that accused had gagged her mouth when she started weeping. Accused had criminally intimidated her daughter not to disclose this to any one. Her daughter also told that accused had committed sexual intercourse with her three times. She shared this incident with her husband. They went to the Police Station to lodge complaint Ex.PW-1/A. In her cross-examination, she has deposed that complaint Ex.PW-1/A was scribed by some lady at Dalhousie. Accused had criminally intimidated her daughter not to disclose this to any one. Her daughter also told that accused had committed sexual intercourse with her three times. She shared this incident with her husband. They went to the Police Station to lodge complaint Ex.PW-1/A. In her cross-examination, she has deposed that complaint Ex.PW-1/A was scribed by some lady at Dalhousie. She did not recall her name. Ex.PW-1/A was dictated by her. Her husband was also present there. Her husband had not accompanied her to the Hospital at Kakira. He stayed at home since he was employed as Chowkidar in the local building. On the next day, she shared this incident with her husband. Her father-in-law was having joint family with his two brothers. All of them resided together in the same house. There were ten rooms in the house of her inlaws consisting of six rooms in the ground floor and another four rooms in the first floor. Property of her father in law was joint with his brothers. Name of her father-in-law is Hukam Singh and the name of accused father is Chaman Singh. She was not aware whether there was a brawl on 28.5.2012 between her father-in-law and father of accused. She was not aware whether the matter went to the police and the proceedings were still pending before Sub Divisional Magistrate, Churah. She has admitted in her cross-examination that there were 20- 25 persons in the joint family of her in-laws, who resided together in the same house at Aruwan. Her mother-in-law also resided on the ground floor. All the rooms in the ground floor were occupied by other family members. He had brought her children after two months when they had gone to avail winter vacation in the month of December, 2009. Her children continued to visit their grand parents even thereafter during vacation. 8. Statement of PW-2 prosecutrix was recorded in camera. Trial court was satisfied that she was competent witness after putting her five questions. According to her, her native place is Aruwan. Her grand-parents were residing there in a joint family. Three years back during winter vacation, she was at the place of her grand-parents. Her mother had taken her. She was playing with her younger brother and younger cousin, when accused, who is her uncle, called her to the room on the first floor. She responded to his call. Her grand-parents were residing there in a joint family. Three years back during winter vacation, she was at the place of her grand-parents. Her mother had taken her. She was playing with her younger brother and younger cousin, when accused, who is her uncle, called her to the room on the first floor. She responded to his call. On reaching the room, he bolted the door from inside and made her to lie on the bed. He gagged her mouth. He stripped off her Salwar from her one leg and had put off his trousers. He laid on her and thrust his penis inside her vagina and thereafter she fell unconscious. When she regained consciousness, she found that there was no one in the room. Accused had criminally intimidated her not to disclose this incident to anyone otherwise she would be killed. After 10-15 days again accused took her to the same room and had sexual intercourse with her. Thereafter, she returned to Dalhausie. After two months again, she visited her grandparents’ home on seven days vacation in the school. During her visit to her grand-parents, accused again took her forcibly to her room where he had sexual intercourse with her. Accused had again intimidated her not to disclose this act to anyone. After a lapse of 2-3 months again, when she visited her grand parents, accused called her but she did not respond and slipped away. Thereafter, she went to the hospital at Kakira with her mother when she developed severe stomach-ache and while returning from there, she disclosed to her mother that accused had sexual intercourse with her on her visits to grand-parents. She was checked up by a lady doctor. Her statement was recorded at police station, Kihar. She was medically examined. In her cross-examination, she has deposed that white discharge had commenced 10-15 days prior to her visit to the hospital at Kakira. Stomach-ache started after 1-2 months when accused had sexual intercourse with her. She used to have lot of pain in the stomach and often she shared with her mother. She went to Kakira Hospital on 3.9.2012. Lady Doctor had medically examined her. She did not disclose the incident to her mother after returning home from her grand-parents and only shared with her mother while returning from hospital at Kakira. She used to have lot of pain in the stomach and often she shared with her mother. She went to Kakira Hospital on 3.9.2012. Lady Doctor had medically examined her. She did not disclose the incident to her mother after returning home from her grand-parents and only shared with her mother while returning from hospital at Kakira. She did not disclose to her mother about the pain since she was not aware that it was an offshoot of sexual intercourse. She further stated that her grandparents are having bedroom on the ground floor. There were total six rooms in the ground floor. One room was in possession of her parents on the ground floor. The other room was given to her youngest uncle, Khem Raj. There were two rooms on the first floor and in one room, her uncle Des Raj resided. Second room on the first floor was in possession of her Papa’s uncle. She has admitted that her grand-parents have joint family consisting of 20-25 members. She remained confined with the accused in the room during act of sexual intercourse for about 9-10 minutes. During sexual intercourse, she had bleeding. Bed-sheet had blood stains, where accused had committed sexual intercourse. Her Salwar was also smeared with blood stains. She had lot of pain and had also raised cries but her mouth was gagged by the accused. She had not disclosed before the police while giving statement that she had fallen unconscious. She did not recall as to how long she remained unconscious. The incident had taken place in the morning hours around 8- 9.00 A.M. Female members returned back to the house after one hour of the incident. She had not disclosed about the incident to anyone since accused had threatened to kill her. She had also not disclosed to her mother out of fear on phone since she was not conversant how to make a call on the phone. On the same evening, her Uncle Des Raj went to sleep in the same room. Volunteered that sometimes her uncle used to sleep in the first floor and some times in the ground floor. When accused took her forcibly to the room there was no one in the close vicinity. She screamed but her mouth was gagged. She had two real uncles. Accused was the son of her grandfather’s brother. 9. Volunteered that sometimes her uncle used to sleep in the first floor and some times in the ground floor. When accused took her forcibly to the room there was no one in the close vicinity. She screamed but her mouth was gagged. She had two real uncles. Accused was the son of her grandfather’s brother. 9. PW-3 Suresh Sharma has proved death and birth register Ext. PW-3/A. The date of birth of prosecutrix as per Registration No. 77 of the Birth and Death Register is 21.4.2000. 10. PW-4 Ajay Kumar has deposed that he was associated in the investigation by the I.O. Rajinder Singh on 8.9.2012. On 8.9.2012, Deputy Superintendent of Police, Raman Sharma, was present in P.W.D. Rest House, Sundla at about 4.40 PM. In his presence and in the presence of ASI Rajinder Singh, accused had given disclosure statement Ext. PW-4/A. He disclosed that he would show the place where he committed rape with the prosecutrix in the month of December 2009. 11. PW-5 Sanjeev Kumar has deposed that he was called by the police. Accused led the police and him on the first floor of the house of Hukam Chand and identified the room where he committed rape with the prosecutrix. Photographs of the room were also taken. 12. Statement of PW-6 Anand Kumar is formal in nature. 13. PW-7 Doctor Ajay Nath has deposed that he received an application Ext. PW-7/A from S.D.P.O. Dalhausie for medical examination of the accused. According to his opinion, accused was capable of performing sexual intercourse. He issued MLC Ext. PW- 7/B. 14. PW-8 Doctor Jasbir Kaur has deposed that on 3.9.2012, prosecutrix appeared before her as OPD patient with her mother. She complained of flatus incontinence (involuntary passage of gas). On her vaginal examination, she found that hymen was ruptured and her external anal sphincter was also torn. In her opinion, she must have been sexually assaulted forcibly and since her anal sphincters were also not functioning properly, she might have been sodomised. She issued OPD slip Ext. PW-8/A. In her cross-examination, she has admitted that in OPD slip, Ext. PW-8/A, parentage and residence proof of the patient was not mentioned. She has also admitted that there was over-writing with regard to date on OPD slip Ext. PW-8/A. According to her, this over writing could be done by the person, who issued OPD slip. PW-8/A. In her cross-examination, she has admitted that in OPD slip, Ext. PW-8/A, parentage and residence proof of the patient was not mentioned. She has also admitted that there was over-writing with regard to date on OPD slip Ext. PW-8/A. According to her, this over writing could be done by the person, who issued OPD slip. She has admitted that she had not given history with regard to internal examination of the patient in the OPD slip. 15. PW-9 Doctor Arti Sharma has examined the prosecutrix. She has not noticed any injury marks on the whole body and private parts. Hymen was torn. Vagina admitted two fingers and prosecutrix had been subjected to sexual intercourse. It was not possible to say when the said incident was committed. She issued MLC Ext. PW- 9/B. 16. Statements of PW-10 Bhikho Ram and PW-11 Pankaj Kumar are formal in nature. 17. PW-12 Raman Sharma has deposed that he received complaint Ext. PW-1/A from Babli Devi. On 7.9.2012, prosecutrix was sent for medical examination to Regional Hospital Chamba by a panel of doctors. Accused was arrested on 7.9.2012. Accused made disclosure statement on 8.9.2012. Accused was also got medically examined. 18. Case of the prosecution in a nutshell is that the prosecutrix had gone to her grandparents’ house during winter vacation in the month of December, 2009. She was raped by the accused on three occasions. She was taken to a private doctor on 3.9.2012. PW-1 Babli has deposed that Doctor told her that her daughter might have been sexually assaulted 2-3 years back. On returning home, she enquired from her daughter as to what had happened to her 2-3 years back. Her daughter told that accused had sexual intercourse with her three years back when she was at the place of her grandparents. Thereafter, PW-1 narrated this incident to the father of the prosecutrix and complaint Ext. PW-1/A was lodged with the Deputy Superintendent of Police, Dalhousie on the basis of which FIR Ext. PW-11/A was registered under sections 376 and 506 of the Indian Penal Code. 19. According to the prosecution, accused had raped prosecutrix in the month of December 2009. He told her not to disclose this incident to anyone. After 10-15 days, accused had again sexual intercourse with her. She came back to her grandparents’ house on 7 days holidays. The accused had again committed sexual intercourse with her. 19. According to the prosecution, accused had raped prosecutrix in the month of December 2009. He told her not to disclose this incident to anyone. After 10-15 days, accused had again sexual intercourse with her. She came back to her grandparents’ house on 7 days holidays. The accused had again committed sexual intercourse with her. The prosecutrix has initially visited the house of her grandparents in the month of December 2009 and thereafter for seven days after two months. However, the complaint has been lodged only on 6.9.2012. It is settled law that lodging of FIR belatedly is not fatal to the prosecution always if delay is explained satisfactorily. However, in the instant case, alleged incident has happened in the month of December 2009 and in the month of March/April 2010. The FIR has been lodged on 6.9.2012. According to PW-1 Babli, there were 20-25 persons in the joint family of her in laws, who resided together in the same house in Aruvan. Her father in law and mother in law also resided in the ground floor. PW-2 prosecutrix has disclosed that the incident has happened at 8-9.00 AM in the morning. She has admitted in her cross-examination that her grandparents have joint family consisting of 20-25 members. It is not believable that when there is a joint family consisting of 20-25 members, this incident could take place. Some of the members of the family were bound to be in the house. She was supposed to disclose this incident to the members of the family including her mother when she met her. According to PW- 2, her Salwar was smeared with blood stains. Bed sheet had blood stains where the accused committed sexual intercourse with her. Her uncle Des Raj had also slept in the same room in the evening. He would have definitely noticed blood stains on the bed sheet. It has also come in the statement of prosecutrix that her mouth was gagged. In a house of ten rooms occupied by 20-25 persons, if she had screamed, it would have not gone unnoticed. Father of the prosecutrix was also not examined. 20. According to PW-9, Doctor Arti Sharma, it was not possible to say when incident took place. There was also over writing in Ext. PW-8/A, which has not been explained by PW-8 Doctor Jasbir Kaur. Father of the prosecutrix was also not examined. 20. According to PW-9, Doctor Arti Sharma, it was not possible to say when incident took place. There was also over writing in Ext. PW-8/A, which has not been explained by PW-8 Doctor Jasbir Kaur. Her only explanation is that the over writing might have been done by the person who issued OPD slip. 21. Mr. Chandranarayana Singh, has drawn the attention of the Court to Ext. DW-1/A, which has been proved by DW-1 Bhupi Ram. We have gone through the same. It is apparent from the contents of Ext. DW-1/A that there was a dispute between Chaman Singh, father of the accused, and Hukam Singh, father-in- law of PW-1 Babli on 24.5.2012. Ext. DW-1/A could be the reason for lodging complaint belatedly on 6.9.2012. The prosecutrix has narrated the incident to her mother on 3.9.2012. However, the complaint was lodged on 6.9.2012. The explanation, given, is that PW-1 Babli has discussed the matter with her husband. It has come on record that the distance between her house and police station is only ½ km. 22. Consequently, in view of analysis and discussion made hereinabove, the prosecution has failed to prove its case beyond reasonable doubt that the accused has committed offence under sections 376 and 506 of the Indian Penal Code. The circumstances noticed by us hereinabove creates reasonable doubt in the version of prosecution. 23. Accordingly, the appeal is allowed. Judgment of conviction and sentence dated 28.3.2013 passed in Sessions Trial No. 56/12 by learned Additional Sessions Judge, Fast Track Court, Chamba is set aside. Accused is acquitted of the charge framed against him by giving him benefit of doubt. Fine amount, if already, deposited be returned to the accused. Since the accused is in jail, he be released forthwith, if not required in any other case. 24. The Registry is directed to prepare the release warrant of accused and send the same to the Superintendent of Jail concerned in conformity with this judgment forthwith.