JUDGMENT B.R. GAVAI, J. Criminal Appeal No. 387 of 2011 is filed by the appellant accused being aggrieved by the judgment and order dated 05/01/2011 passed by the learned Additional Sessions Judge, Akot in Sessions Trial No. 14 of 2009 thereby convicting the appellant for the offence punishable under Section 376 of Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and fine of Rs. 3,000/- in default, further rigorous imprisonment for three months. 2. Criminal Appeal No. 119 of 2011 has been filed by the State praying for enhancement of sentence. 3. The prosecution case in nutshell is as under P.W.-1 Ajay Shankarao Walde is father of the minor victim, Sakshi, aged about nineteen months at the time of the incident. P.W-1 Ajay resides at village Danapur along with his wife, victim daughter, parents, grand-parents and his uncle. The house of the accused was situated at around 50 feet away from the house of P.W-1 Ajay. At the time of incident, the accused was married person, who used to visit the house of P.W.-1 Ajay. On some occasions, he used to take away the victim child Sakshi with him to a nearby grocery shop and to offer her biscuits and other eatables. On the day of incident at about 8.00 p.m. the accused came to the house of P.W-1 Ajay and took away the victim with him. At that time the victim was wearing pink colour frock. The accused had taken the victim to the shop of P.W.-2 Sandip Dutonde and offered her some biscuits and eatables. However, since the accused did not bring the victim back for considerable time, i.e. till 9.30 p.m., the family members started searching her in the village. In the meanwhile, the accused handed over the victim to her grand-father by name Shankar. P.W.-1 Ajay then came to his house and found that there was no frock on the person of the victim, there were some injuries on her person and there was some bleeding from her vagina. The victim was unconscious. P.W.-1 Ajay took the victim to a dispensary of P.W-6 Dr. Ajay Vikhe, who examined her and informed that she was raped. P.W.-6 Dr. Vikhe advised the family members of the victim to approach Hiwarkhed police station. Thereupon, P.W.-1 Ajay along with the victim, etc. went to Hiwarkhed police station and lodged complaint. The victim was unconscious. P.W.-1 Ajay took the victim to a dispensary of P.W-6 Dr. Ajay Vikhe, who examined her and informed that she was raped. P.W.-6 Dr. Vikhe advised the family members of the victim to approach Hiwarkhed police station. Thereupon, P.W.-1 Ajay along with the victim, etc. went to Hiwarkhed police station and lodged complaint. The offence came to be registered vide Crime No. 10 of 2009 against the accused for the offence punishable under Section 376 IPC and the investigation was carried out by P.W.-7 Police Inspector Gajanan Shinde. During the investigation, statement was made by the accused under the memorandum under Section 27 of the Indian Evidence Act and under the said memorandum, the clothes of the accused and frock of the victim came to be seized. Upon completion of the investigation, a charge-sheet came to be filed before the learned Judicial Magistrate, First Class, Telhara. Since the learned J.M.F.C. found that the case is triable exclusively by the Court of Sessions, he committed the case to the Sessions Court. The learned Sessions Judge framed charge against the accused to which he pleaded not guilty and claimed the trial. At the conclusion of the trial, the learned trial Judge passed the order of conviction and sentence as aforesaid. Being aggrieved thereby, criminal appeal No. 387 of 2011 is filed by the accused. 4. The State has also filed appeal bearing No. 119 of 2011 contending therein that taking into consideration the nature of the offence committed, the learned trial Judge ought to have awarded more stringent sentence. 5. Heard Shri Bobde, learned Advocate for the appellant-accused and Shri Laddhad, learned Additional Public Prosecutor for the State. With the assistance of the learned A.P.P. for the State and the learned Counsel for the appellant, we have scrutinized the entire evidence on record. 6. P.W.-1 Ajay Walde states in his evidence that on the day of the incident, the accused came to his house and told that he would take his daughter to grocery shop and would offer eatable to her. The accused then took his daughter and went out. Since the accused did not come for 1½ hours, they started searching in the village. During search, he came to know that accused had returned his daughter to his father. After returning home, when he took the victim near him, he found no clothes on her person. The accused then took his daughter and went out. Since the accused did not come for 1½ hours, they started searching in the village. During search, he came to know that accused had returned his daughter to his father. After returning home, when he took the victim near him, he found no clothes on her person. She was unconscious and there was bleeding from her vagina. This witness further states that he took the victim to Dr. Ajay Vikhe, who, on examination of the child, informed that she was raped and advised him to go to Hiwarkhed police station. He further states that he lodged the complaint, which is at Exh.16 and the printed F.I.R. is at Exh.17. He further states that the victim was under treatment in the said hospital for 15 to 16 days. Though this witness has been thoroughly cross-examined, nothing damaging has come in his cross-examination. The omissions, which are brought on record, are of minor nature and not relating to the main incident. The evidence of this witness is corroborated substantially by the first information report. 7. P.W.-2 Sandeep Dutonde is the owner of grocery shop. He states that on the day of incident at about 8.00 p.m. child Sakshi and accused had come in his shop. The accused purchased biscuits and other snacks and both of them went away. He further states that after about an hour, uncle of the child came to his shop and asked him whether he had seen the accused and Sakshi. He informed the uncle that they had come and gone. Then, he himself and uncle of the child namely Sakshi went to search the child. After some time, he saw the accused bringing with him the child-Sakshi from cremation ground. He states that meanwhile the grandfather of the child came there and the accused handed over the child to him. He states that there was no frock on the person of the child, there was bleeding from her vagina and she was unconscious. He further states that when they asked the accused about frock of the child, he ran away, but they caught him and gave him to Police Patil. Though this witness has also been cross-examined, nothing damaging has come in his evidence. The contradictions and omissions are minor in nature and not having any damaging effect on the substantive evidence given in his examination-in-chief. Though this witness has also been cross-examined, nothing damaging has come in his evidence. The contradictions and omissions are minor in nature and not having any damaging effect on the substantive evidence given in his examination-in-chief. It can thus clearly be seen that the evidence of this witness fully corroborates the evidence of P.W.-1 Ajay Walde. 8. P.W.-3 Mahadev Wankhade is panch witness on the seizure panchanama and arrest panchanama. He states that the clothes of the accused, i.e. black full pant, red underwear and white banian were seized in his presence. He states that all the clothes were having blood stains. The clothes were packed by the police and seizure memo was prepared. He further states that when the accused was arrested, there were injuries on his knees and lips. Though this witness was cross-examined, nothing damaging has come in his evidence also. 9. P.W.-4 Umesh Jaiswal is panch witness on the memorandum of the accused under Section 27 of the Indian Evidence Act. He states that the accused informed the police that he would show the spot of incident and disclosed before him that he would produce shirt, frock and cloth piece and accordingly the clothes having blood and semen stains were seized by the police. 10. P.W.-5 Dr. Ashok Tapadiya states that the accused was brought before him on 04/02/2009 by the Police Head Constable. He further states that he examined the accused and found the following injuries. :- i. Abrasion over right knee. 2 x 1 cm. ii. Abrasion over left knee, 2 x 1 cm., and iii. Abrasion over upper lip, ½ x ½ cm. 11. P.W.-6 Dr. Ajay Vikhe states that on 03/02/2009, mother of P.W.-1 had brought her granddaughter by name Sakshi to his hospital at around 9.00 p.m. He examined the child and found that there was bleeding from her vagina and her vagina was torn. He states that the girl must have been raped forcibly. He further states that he made phone call to the Police Patil of the village and informed him. The Police Patil came in his dispensary and the concerned were advised to approach the police. He further states that he himself had gone to police station along with the victim girl and since the police referred the victim girl to Akola Civil Hospital, he admitted her there. The Police Patil came in his dispensary and the concerned were advised to approach the police. He further states that he himself had gone to police station along with the victim girl and since the police referred the victim girl to Akola Civil Hospital, he admitted her there. It is thus clear from the evidence of this witness that he has corroborated the evidence given by P.W-1 and P.W-2. 12. P.W.-8 Dr. Rehamankhan Kalekhan states that upon examination of the victim girl, he opined the possibility of rape on her could not be ruled out because of dry to wet semen was found all over and over the vagina. He further noticed abrasion all around vulva with swelling and tear on posterior vaginal wall at 6-O' clock position extending deep up to rectum and longitudinally 23 cm. in upward direction. He further noticed multiple abrasions on labia majora and minora along with swelling and ruptured hymen with tear seem all around its circumference and opined that all the injuries might have caused by forcible piercing of hard to soft object. 13. P.W.-9 Dr. Geeta Bhusari, Lecturer, Government Medical College, Akola states that on 04/02/2009, she examined the victim girl Sakshi and noticed 4 degree perennial tear. She further states that with the consultation of her seniors, she herself and Dr. Telgote performed surgery on the victim girl at 10.00 p.m. 14. It is further to be noted that from the Chemical Analyser's Report, it could be seen that the clothes of the accused, which have been seized while arresting him and the frock of the victim have all been found stained with blood of group 'A'. The blood group of the victim is 'A', whereas that of the accused is of 'B'. It can thus be seen that the forensic evidence also supports the case of prosecution. 15. On the aforesaid evidence, it is clear that the prosecution has clinchingly proved the case beyond reasonable doubt against the accused. This is one of the rare cases wherein not a single witness has turned hostile and all the witnesses have supported the prosecution case. 16. In that view of the matter, the appeal of the accused is without any merit and we do not find that any interference is warranted in the present appeal. 17. This is one of the rare cases wherein not a single witness has turned hostile and all the witnesses have supported the prosecution case. 16. In that view of the matter, the appeal of the accused is without any merit and we do not find that any interference is warranted in the present appeal. 17. Insofar as the appeal of the State is concerned, we find that the learned trial Court has given sound and cogent reasons as to why the sentence of ten years is found just and proper in the facts of the case. The said reasonings cannot be said to be perverse and as such in our considered view, interference in the same would not be justified. In the result, both the appeals are dismissed. Appeals dismissed.