JUDGMENT Hon'ble Arvind Kumar Tripathi (II),J. 1. Heard Shri Saurabh Chandra, learned counsel for the appellant and Shri Sharad Dixit, learned AGA for the State respondent. 2. This criminal appeal has been filed challenging the judgment and order dated 22.9.2008 passed by the learned Additional Sessions Judge, Court No.4, Faizabad in Sessions Trial No.206 of 2008 by which he has convicted the appellant under Section 376 (F) IPC and sentenced him to undergo 10 years RI and to pay fine of Rs.10,000/-. In default of payment of fine, the appellant has to undergo further one year RI. 3. The prosecution story, in brief, is that FIR (Ex.Ka.1) was lodged by Kamla Devi alleging that on 15.3.2008, her daughter - the victim, aged about 10 years, had gone to play with her friends. When they were near the grove of Surjit, the appellant took her daughter, on the pretext of giving her peas, in the sugar cane field of Samar Bahadur and forcibly committed rape with her. The incident was of about 1 PM. Her daughter came home crying and her salwar was stained with blood. On this, a case under Section 376 IPC was registered in Police Station Kotwali Bikapur, District Faizabad on 15.3.2008, at about 2: 30 PM. The Investigating Officer sent the victim for medical examination in Woman Hospital, Faizabad. The Investigating Officer had prepared site plan (Ex.Ka.1) and recorded the statement of witnesses. After investigation charge sheet was submitted on 30.3.2008. 4. The Magistrate took cognizance and committed the case to the court of sessions for trial. The trial court framed charge under Section 376 IPC. The accused person pleaded not guilty and claimed to be tried. 5. The prosecution examined Smt. Kamla Devi, the informant as PW-1, the victim as PW-2, Dr. Tarannum Raja, Medical Officer, Faizabad as PW-3, Dr. Lal Mani, Medical Superintendent as PW-4, Constable Ashok Kumar Mishra as PW-5, and Mobin Ahmad Khan, S.I. as PW-6. As documentary evidence the prosecution has proved FIR Ex.Ka.1, medical examination report Ex.Ka.2, discharge certificate Ex.Ka.3, Vaginal examination report Ex.Ka.4, age determination certificate Ex.Ka.5, Chif FIR Ex.Ka.6, carbon copy of G.D. Ex.Ka.7, carbon copy of general diary no.34, dated 15.3.2008, 20: 15 PM Ex.Ka.8, site plan Ex.Ka.9, clothes of the victim Ex.Ka.10 and charge sheet Ex.Ka.11. The statement of accused was recorded under Section 313 Cr.P.C. Accused had denied the allegation imposed on him by the prosecution. The statement of accused was recorded under Section 313 Cr.P.C. Accused had denied the allegation imposed on him by the prosecution. He stated that he belongs the group of Lalta, and as there was enmity between Lalta and Fagulal, therefore, he has been falsely implicated by Fagulal in the crime. He was asked to enter into defence, but he did not adduce any evidence and stated that he has wrongly been implicated due to enmity. He has stated his age to be 35 years. 6. The court below, after going through the record and hearing the learned counsel for the parties, found the appellant guilty, and convicted him under Section 376 (f) IPC and he was directed to undergo sentence, as mentioned above. Feeling aggrieved, this criminal appeal has been filed 7. Learned counsel for the appellant has submitted that no case under Section 376 (f) IPC is made out. He further submitted that the appellant is innocent and he was implicated due to enmity. 8. Learned AGA has opposed the appeal and submitted arguments in support of judgment. 9. A three Judge Bench in Majjal v. State of Haryana, MANU/SC/0640/2013 : (2013) 6 SCC 789 has ruled that "It was necessary for the High Court to consider whether the trial court's assessment of the evidence and its opinion that the appellant must be convicted deserve to be confirmed. This exercise is necessary because the personal liberty of an accused is curtailed because of the conviction. The High Court must state its reasons why it is accept in the evidence on record. The High Court's concurrence with the trial court's view would be acceptable only if it is supported by reasons. In such appeals it is a court of first appeal. Reasons cannot be cryptic. By this, we do not mean that the High Court is expected to write an unduly long treatise. The judgment may be short but must reflect proper application of mind to vital evidence and important submissions which go to the root of the matter." 10. In the instant case, Dr. Tarannum Raza, Medical Officer, Women Hospital, Faizabad has medically examined the victim. She has stated in her report that the victim was brought to the hospital on 15.3.2008, at about 5: 20 PM for medical examination. She has stated that the victim stated her age to be 10 years. In the instant case, Dr. Tarannum Raza, Medical Officer, Women Hospital, Faizabad has medically examined the victim. She has stated in her report that the victim was brought to the hospital on 15.3.2008, at about 5: 20 PM for medical examination. She has stated that the victim stated her age to be 10 years. She had 12 upper and 12 lower teeth and height was 116 cm. Her breast was not developed. Armpit hair and pubic hair were not present. She further stated that her condition was not normal. She was not able to walk in a normal condition. She stated that there were fresh and dried blood spot below the stomach and legs. On internal examination, she has stated the victim was not in a position to get herself examined and, therefore, she was advised to admit for general ansthesia. She stated that the victim was admitted in the hospital, and thereafter, she was examined and treated. She stated that her hymen was completely torn from all sides and there was bleeding. She stated that she stiched the torn part and controlled the bleeding. She stated that she has prepared slides of vaginal smear and sent it for pathological examination. For determination of age the victim was referred to C.M.O., Faizabad. Dr. Tarannum Raza, Medical Officer, Women Hospital, Faizabad, immediately after seeing the victim in the court, had recognized her and said that she is the same girl, who was medically examined by her. She further stated that there were several stiches in her private part, which were continuous. She stated that simen was not present on her internal part, as they are not found in case of excess bleeding. 11. PW - 2 the victim has stated before the trial court that she is studying in class V of Primary School. She has recognized the appellant, but stated that she is in fear of the appellant. She further stated that she was playing in the garden with Mona - daughter of her sister in law. She stated that when she was playing the appellant came and said 'come I will give you peas'. She stated that the appellant then took her near the sugar cane field of Pandey and forcibly made her lie on the ridge and raped her. She stated that when she started to shout, then the appellant gagged her mouth and then she became unconscious. She stated that the appellant then took her near the sugar cane field of Pandey and forcibly made her lie on the ridge and raped her. She stated that when she started to shout, then the appellant gagged her mouth and then she became unconscious. She further stated that when she regained consciousness, she put on her inner clothes and came home. She stated that there was acute pain and bleeding from her internal parts. She stated that the incident was of 1 PM. She stated that she narrated the entire incident to her mother, then her mother took her to Police Station Bikapur and lodged FIR. She stated in the court that thereafter she was sent for medical examination and treatment to Woman Hospital, Faizabad. She stated that the appellant is her uncle. She further stated that Investigating Officer had seen her blood stained clothes. She has further submitted that she was produced before the Magistrate, and she has given her statement before the Magistrarte. In the court she has recognized the appellant as a person who had committed rape with her in the sugar cane field. 12. PW-1 mother of the victim has stated on oath that on the fateful day when her daughter came home and narrated the entire story to her, her salwar was stained with blood. She stated that there after she went to police Station Bikapur along with victim and lodged FIR. She stated on account of rape the hymen of her daughter was torn. She further stated that her daughter was admitted in Woman Hospital, Faizabad for medical examination and treatment. She was admitted in the hospital for about seven days where she was given treatment and medicines. She stated that Darogaji has seen the clothes of the victim, which were stained with blood and seized the same. She further stated that on the fateful day the appellant was married and he is having four children. 13. No doubt, the statement of the victim is the only evidence against the accused, and there is no eye witness, hence her statement is to be scrutinized as if she is an injured witness. She further stated that on the fateful day the appellant was married and he is having four children. 13. No doubt, the statement of the victim is the only evidence against the accused, and there is no eye witness, hence her statement is to be scrutinized as if she is an injured witness. There are catena of judgments in which the Apex Court has held that an accused can be convicted on the basis of sole testimony of the prosecutrix without any further corroboration provided the evidence of the prosecutrix inspires confidence, and appears to be natural and truthfull. 14. Woman or girl raped, is not an accomplice and to insist for corroboration of the testimony amounts to insult to womanhood. On principle, the evidence of victim of sexual assault stands on par with evidence of an injured person. The evidence of a victim of a sex offence is entitled to great weight, absence of corroboration notwithstanding. 15. 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 this qualification that corroboration can be insisted upon when a woman having attained majority is found in a compromising posing and there is a likelihood of her having levelled such an accusation on account of the instinct of self-preservation or when the probability factor is found to be out of tune. Reference may be made to the decisions in the cases of State of H.P. v. Shree Kant Shekari, (2004) 8 SCC 153 ; State of Rajasthan v. Biramal, 2005 (53) ACC 246 (SC); Om Prakash v. State of U.P., 2006 (55) ACC 556 (SC); and Hem Raj v. State of Haryana, (2014) 2 SCC 395 . 16. So far as the submission of no injury on the private part of the victim is concerned, Dr. Tarannum Raza, Medical Officer, Women Hospital, Faizabad has categorically stated that hymen of the victim was found torn. She further stated that her condition was not normal. She was not able to walk in a normal condition. 16. So far as the submission of no injury on the private part of the victim is concerned, Dr. Tarannum Raza, Medical Officer, Women Hospital, Faizabad has categorically stated that hymen of the victim was found torn. She further stated that her condition was not normal. She was not able to walk in a normal condition. The victim has stated that she was forcibly made to lie on the ridge by the accused near the sugar cane field of Pandey. 17. Admittedly, the victim, at the time of incident, was 10 years old. She has no enmity with the accused, and there is no reason for falsely implicating the accused. Her parents also have no reason to falsely implicate the accused appellant. 18. In the case of Hem Raj v. State of Haryana, (2014) 2 SCC 395 the Apex Court has held that presence of injury on the body of the prosecutrix is not a must to prove commission of rape. 19. In this case, hymen was found to be torn, so this clearly indicates penetration. The evidence of the victim is fully corroborated by the medical evidence. The statement of the victim is very natural. She has given her statement in a very natural way, and there is nothing to doubt her statement. I find the evidence of the victim to be wholly reliable. 19. In view of the above, the appeal filed by the appellant is totally devoid of merit and is liable to be dismissed. The appellant has raped a 10 years old girl. He deserves no mercy. 20. The criminal appeal is dismissed. The appellant is in jail. He shall remain in jail to serve out the sentence awarded by the trial court.