JUDGMENT D. DASH, J. - The appellant from inside the jail has preferred this appeal challenging the judgment of conviction and order of sentence passed by the learned Additional Sessions Judge, Titlagarh in S.C. No.115 (B)/31 of 2004 convicting him for offence under Section 376, IPC. and sentencing him to undergo R.I. for a period of 7 years with payment of fine of Rs.3,000/- in default to undergo rigorous imprisonment for one year. 2.Prosecution case is that the victim is a minor girl of 13 years of age stays in the same village where the appellant a married man with his family reside. One day in the month of Pausa during noon hour the appellant called the victim to his house through a boy of their village, namely, Raj Kumar Bag. At that time the wife of the appellant was absent in the house. It is said that the moment the victim entered into the house of the appellant, she was gagged by a piece of cloth and then the appellant shutting the door from inside made her lie the floor, removed her wearing apparels and forcibly committed sexual intercourse. The appellant gave a threat of direct consequences as regards the risk to her life in case of her disclosure about it. So, the victim maintained silence. It is further alleged that after about 7 days the appellant again called the victim through a girl of their village and this time again he committed sexual intercourse in the house forcibly. A few days thereafter again in the noon hour, it is said that the appellant committed forcible sexual intercourse with the victim of a low land in an open field at the outskirt of the village when she was returning after attaining the call of nature. When the victim felt uneasy and fell ill; at that time being asked by her mother, she narrated the incident. So, she was taken to the Titilagarh Government Hospital for medical checkup when pregnancy of five months was detected. On the very next day a meeting was convened in the village at the instance of the parents of the victim. The appellant confessed his guilt in presence of village gentries. The villagers and parents of the victim then proposed that she be kept by the appellant in the house and maintained, that was not accepted.
On the very next day a meeting was convened in the village at the instance of the parents of the victim. The appellant confessed his guilt in presence of village gentries. The villagers and parents of the victim then proposed that she be kept by the appellant in the house and maintained, that was not accepted. So, finally F.I.R. was lodged at the police station which initiated registration of a case. The investigation commenced thereafter. In course of investigation the victim and other witnesses were examined by the Investigating Officer. Both the appellant and the victim were sent for medical examination. Charge-sheet being submitted the appellant faced the trial. 3.During trial the appellant took the plea of complete denial and false implication. It is further stated that he has undergone family planning sterilization operation about 10 years back and had also the previous land dispute with the father of the victim. Prosecution examined 10 witnesses when the defence examined none. The victim is P.W.1, P.Ws.4 and 5 are her parents. A co-villager has been examined who is said to have attended the meeting as P.W.2. The scribe of the F.I.R. has come to the dock as P.W.3. The child witnesses belonging to the village have been examined as P.W.6, P.W.7 is a private Doctor who had conducted the pregnancy test at first, the other Doctor of the Government Hospital has been examined as P.W.8. One seizure witnesses has come to the dock as P.W.9 and at last the investigating officer has been examined as P.W.10. From the side of the prosecution, the F.I.R has been admitted in evidence as Ext.1, the medical examination report of the victim is Ext.6. 4.The trial Court on evaluation of evidence has arrived at a finding that the prosecution has been able to prove beyond reasonable doubt by leading, clear, cogent and reliable evidence that it is the appellant who had committed repeated sexual intercourse upon the victim P.W.1, who is aged about 14 years. The trial Court has placed implicit reliance upon the solitary testimony of the victim in the absence of any basic infirmity and without any material on record as regards any such improbability when the Court below has also found no such apparent reason for the appellant to be implicated in the case. Moreover, the evidence of the victim, according to the trial Court has received due corroboration from evidence.
Moreover, the evidence of the victim, according to the trial Court has received due corroboration from evidence. The evidence of the victim also received the corroboration from the medical evidence of other witnesses. Thus the conviction having been recorded against the appellant for offence under Section 376, I.P.C., he has been sentenced as above. 5.Learned counsel for the appellant submits that the evidence of P.W.1 ought not to have been accepted in view of her delayed disclosure that too only when she found ill. It is also submitted that the evidence of P.W.1 do not show any sort of acceptable explanation on that score and her simply saying that she was threatened, according to him, is not believable. He further submits that the victim having remained silent without disclosing the incident to her parents really puts her evidence under the scanner of suspicion when she was sufficiently aged. Therefore, he submits that the order of conviction and sentence are liable to be set aside being not based on proper appreciation of evidence on record. 6.Learned counsel for the State vehemently opposes the move. According to him, the solitary testimony of victim (P.W.1) here is enough to record a conviction. According to him, the victim being aged about 14 years having not disclosed the incident of repeated sexual intercourse to her parents and others being seriously threatened is not unacceptable. He further submits that the trial Court did commit no mistake in finally recording the conviction on the basis of the evidence on record. 7.Keeping in mind the above submission now the evidence adduced from the side of the prosecution are required to be examined. As regards the age of the victim (P.W.1), the evidence of the victim, her parents and the medical evidence are there on record. This P.W.1 has stated her age to be 14 years at the time of examination in the year 2005. The incident is said to be in or about the end of the year 2003. The Court’s estimation is also that. The mother (P.W.4) has also stated the age of the P.W.1 during their examination as 14 years. During cross-examination to demolish her version, the question being put, she has gone to reiterate her earlier evidence by further stating her eldest child’s age to be 19 years and P.W.1 as the seventh issue. P.W.5, the father has stated as above.
The mother (P.W.4) has also stated the age of the P.W.1 during their examination as 14 years. During cross-examination to demolish her version, the question being put, she has gone to reiterate her earlier evidence by further stating her eldest child’s age to be 19 years and P.W.1 as the seventh issue. P.W.5, the father has stated as above. When the medical evidence is seen the doctor (P.W.8) has stated the victim to be in between 13-14 years at the time of examination and she has categorically stated that the opinion has been given by giving taking into account the martin of two years on either side. The parents being the natural witnesses having stated as above and that coupled with the assertive evidence of doctor P.W.8 when there remains absolutely no such material or circumstance to raise doubt in that, this Court find the finding of the trial Court on the age of the victim as 13 to 14 years at the time of incident as just and proper. Next, let us go to the evidence of P.W.1 and others in examining and evaluating the same to judge the correctness of the finding of the trial Court in so far as the establishment of charge of rape against the appellant. It is proved that when the victim was medically examined during investigation, she was pregnant by 5 to 6 months. The evidence on this score has remained unchallenged. The appellant having taken a stand that he having undergone sterlization surgery was not the author of said pregnancy, the trial Court as it appears has rightly found it to be having no such significance as it is not shown that at the relevant time the appellant sterile. The appellant has not given any evidence as to when he underwent said surgery. The absence of injury on him has been rightly found to be of no importance in the facts and circumstances of the case. It is stated by P.W.4, mother that in the year, 2004, she found P.W.1 complaining stomach ache and then on her query everything came to be disclosed. She (P.W.1) stated before P.W.4 as to how P.W.6 called her to go to the house of appellant where the appellant finally did sexual intercourse by force creating all the atmosphere and left her with life threat.
She (P.W.1) stated before P.W.4 as to how P.W.6 called her to go to the house of appellant where the appellant finally did sexual intercourse by force creating all the atmosphere and left her with life threat. She has again stated that how things repeated seven days thereafter and then again after few days. Evidence of father (P.W.5) run in the same vein. If now the evidence of P.W.1 is gone through, it is seen that she has narrated all these acts of appellant in detail. Most importantly the child witness (P.W.6) has deposed that she had called the P.W.1 as per the appellant’s direction and P.W.1 then went with her to the house of the appellant. This evidence lends full support to the evidence of P.W.1. Next, she has stated about the meeting where the appellant confessed. This part is finding full support from the evidence of P.W.2. There appears no such apparent reason as to why P.W.1 would be selecting this appellant for implicating in raping her and as the author of her pregnancy. The evidence of P.W.1 shows no such infirmity so as even to raise any doubt. Therefore, in view of her age and more so when her evidence get corroboration from evidence of her parents as well as P.W.6, the finding of trial Court holding appellant guilty of offence under Section 376, I.P.C. is thus held to be in order as the outcome of proper appreciation of evidence. 9.For the aforesaid, this Court confirm the judgment of conviction and the order of sentence. 10.Resultantly, the appeal fails. The appellant be forthwith taken to custody to serve the remaining part of sentence. Appeal fails.