JUDGMENT : Justice Rajiv Sharma, J. This appeal is instituted against the judgment and order dated 23.10.2013 & 24.10.2013, respectively, rendered by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, Distt. Shimla, H.P. in Sessions Trial No. 35-K/7 of 2012, whereby the appellant-accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Section 376 IPC, has been convicted and sentenced to undergo imprisonment for life and to pay fine of Rs. 10,000/- and in default of payment of fine, the accused was further ordered to undergo simple imprisonment for a period of six months. 2. The case of the prosecution, in a nut shell, is that on 18.7.2012 at 9:55 PM, on receipt of the telephonic information from Medical Officer, Regional Hospital, Reckong Peo, Distt. Kinnaur, H.P. to the effect that a Nepali girl had been brought to their hospital being a rape victim, the police party, headed by HC Ramesh Kumar PS Reckong Peo was dispatched to do the needful. HC Ramesh Kumar visited the hospital and recorded the statement of the mother of the prosecutrix under Section 154 Cr.P.C. He moved an application for medical examination of the prosecutrix from Dr. Kalpna Sharma. He obtained the MLC. Since the offence was committed within the jurisdiction of P.S. Pooh, the statement of the mother of the prosecutrix and the parcels were sent to PS Pooh for further action. Thereafter, formal FIR was lodged in PS Pooh. The IO went to the spot and on completion of the investigation, challan was put up after completing all the codal formalities. 3. The prosecution, in order to prove its case, has examined as many as 19 witnesses. The accused was also examined under Section 313 Cr.P.C. He has denied the prosecution case and pleaded innocence. The learned trial Court convicted the accused, as noticed hereinabove. 4. Mr. Varinder Singh Rathore, Advocate, for the accused has vehemently argued that the prosecution has failed to prove its case against the accused. On the other hand, Mr. M.A.Khan, learned Addl. Advocate General, for the State has supported the judgment/order of the learned trial Court dated 23/24.10.2013. 5. We have heard learned counsel for both the sides and gone through the records of the case carefully. 6. Dr. On the other hand, Mr. M.A.Khan, learned Addl. Advocate General, for the State has supported the judgment/order of the learned trial Court dated 23/24.10.2013. 5. We have heard learned counsel for both the sides and gone through the records of the case carefully. 6. Dr. Kalpana Sharma, PW-1 deposed that on 18.7.2012, the police filed an application Ext PW-1/A for conducting medical examination of the prosecutrix. The age of the prosecutrix was 3 ½ years. On external examination, blood stains with soil particles were seen on front side of frock with multiple white hair and some faecal matter on back side of the frock. Blood and soil stains were also seen on inner shirt. Dupatta around the child was also stained with blood and sand particles. She noticed blood stains on lower part of abdomen. She also noticed three vertical and one transverse scratch marks over sacral region of size 7 to 8 cm. Small contusion was also present 2 x 3 cm over lower back. Multiple scratch marks were also noticed on the lateral side of right thigh. Sand particles with blood stains were also present over medial side of thigh. On local examination, blood stains were noticed on labia majora. On separation of labia, blood was seen oozing from vaginal orifice. There was perinea tear 3 cm extending from vaginal orifice towards perinea region. Swelling/edema was present around vaginal orifice. Sand particles, faecal matter was present around the annal region. The probable duration of injuries was less than six hours. According to PW-1, the evidence was suggestive of sexual intercourse with the patient. She proved MLC Ext. PW-1/B. 7. Dr. Vidyasagar, PW-2 has examined the accused. He issued MLC Ext. PW- 2/B. According to him, there was nothing suggestive of the fact that the accused was not capable of performing sexual act. 8. Sh. Rakesh Kumar, PW-3 deposed that on 18.7.2012, at about 5/6 PM, when he was present at GREF Store at Spillow, one Nepali was seen coming from the side of Sutlej towards upper side. He was perplexed and wearing yellow coloured T-shirt, black pant and Chappals. He was walking briskly and went towards Akpa side. Later on, he came to know that child of Gopal had been raped by some Nepali person and afterwards the police had arrested the accused. He identified the accused in the Court. 9. He was perplexed and wearing yellow coloured T-shirt, black pant and Chappals. He was walking briskly and went towards Akpa side. Later on, he came to know that child of Gopal had been raped by some Nepali person and afterwards the police had arrested the accused. He identified the accused in the Court. 9. Mohinder Pal, PW-4 deposed that he was on duty with I.O. Head Constable Ramesh Kumar and M.O. RH Reckong Peo had given information that one child aged about 3 years had come to the hospital for treatment. On this information, he alongwith the IO Ramesh Kumar and HC Harish Sain reached Reckong Peo Hospital where the prosecutrix was under treatment. The IO recorded the statement of mother of the prosecutrix under Section 154 Cr.P.C. vide Ext. PW-4/A. 10. Const. Nitin Kumar, PW-5 deposed that the case property was handed over to him by MHC Pardeep Kumar. 11. HC Pardeep Kumar, PW-6 deposed that on 19.7.2012, Const. Mohinder Pal, PS Reckong Peo deposited with him the case property of this case. The entries regarding the same were made by him at Sr. No. 110/2012 dated 19.7.2012. On 20.7.2012, other case property pertaining to this case was got deposited with him by Const. Nitin Kumar. 12. HC Sunil Kumar, PW-7 deposed that he sent the case property of this case through Const. Yadvinder Singh to be deposited at FSL Junga, vide RC No. 55/2012. 13. Const. Yadvinder Singh PW-8 deposed that he took the case property pertaining to this case to the FSL, Junga. 14. Smt. Rupa PW-10, is a material witness. She is the mother of the prosecutrix. According to her, on 18.7.2012, her husband had gone to Skibba in order to bring birds. After 12 noon, her husband had come back accompanied with accused. She provided meals in the shop. After taking food, her husband started taking rest by lying inside the shop and the accused also started resting outside the shop. At that time, she was running the shop. Her daughter, the prosecutrix was also present behind the shop. Accused made her daughter to accompany him by alluring that she would be provided sweets by him. At about 5:00 PM, she was told by Radhika on telephone that her daughter had been admitted in the hospital. Thereafter, she went to the hospital and came to know that accused had committed rape on her. Accused made her daughter to accompany him by alluring that she would be provided sweets by him. At about 5:00 PM, she was told by Radhika on telephone that her daughter had been admitted in the hospital. Thereafter, she went to the hospital and came to know that accused had committed rape on her. From Spillow hospital, they took the daughter to Reckong Peo for treatment. Her daughter told her in the hospital at Reckong Peo that her Nepali Uncle had taken her towards the river side where he opened her Pyjama and laid upon her and from her private organ, blood started oozing out. Her statement was recorded vide Ext. PW-4/A. 15. Sh. Gopal Singh, PW-11 deposed that his wife works in GREF as labourer. His daughter had gone to Anganbari. She was 3 years of age at the time of incident. At about 12:30 PM, he accompanied with accused and returned to Spillow. They dressed 5/6 chickens for sale and thereafter went to the shop. In the shop, his wife brought the food. After taking food, he slept in the shop. The accused was also lying outside the shop. At that time, his wife was conducting business in the shop. At about 5:30 PM, some Nepali lady rang his wife and informed that his daughter was in the Spillow hospital. Firstly, his wife went to the hospital and thereafter he also went to the hospital. Since his daughter was bleeding profusely from her private organ, she was brought to Reckong Peo for treatment. In Reckong Peo, his daughter told that she had been taken by Nepali Uncle towards river side on the pretext that she would be provided with sweets. Thereafter, he opened her Pyjama and laid on her and she started bleeding. 16. The prosecutrix (name withheld), deposed that from the shop, she was taken by Nepali Uncle. She recognized him. He took her to river. He did Balatkar with her. She started crying as she felt pain in her ?gupt ang'. 17. Ms. Kesang, PW-12 deposed that on 18.7.2012, she went to Sutlej river for urination. She saw prosecutrix lying on the sand. She was bleeding from private part. She was unconscious. When, she shook her, she cried. She along with one Biharan lady took her to hospital for treatment. She handed over the prosecutrix to nurse in the hospital. 17. Ms. Kesang, PW-12 deposed that on 18.7.2012, she went to Sutlej river for urination. She saw prosecutrix lying on the sand. She was bleeding from private part. She was unconscious. When, she shook her, she cried. She along with one Biharan lady took her to hospital for treatment. She handed over the prosecutrix to nurse in the hospital. Later on, she came to know that she was the daughter of one Nepali chicken-seller. 18. Sh. Dev Singh, PW-14, deposed that the accused has given demarcation of chow-shed. In the cow-shed one gunny bag was recovered which was stained with blood. The gunny bag was taken into possession vide seizure memo Ext. PW-14/A. The pyjama was also taken into possession vide memo Ext. PW-14/B. 19. Sh. Bir Singh, PW-15, deposed that on 18.7.2012, he had come from Kanam to his quarter. He went to Spillow bazaar to buy newspaper. While returning, he found a three year old girl weeping. When he approached her, he noticed blood oozing out from her private organ. He went towards the colony of GREF in search of the parents of that girl. He brought two-three Nepalese. 20. HC Ramesh Kumar, PW-16 deposed that he was on duty and a telephonic call was received at about 9:55 PM from RH, Reckong Peo that one Nepali girl aged about 3 or 3 ½ years had been admitted in the hospital being a rape victim. He alongwith HC Harish Kumar, Const. Mohinder Pal went to the hospital where the prosecutrix was admitted. The statement of the mother of the prosecutrix was recorded under Section 154 Cr.P.C. The MLC of the prosecutrix was obtained. The samples were sent to PS Pooh through Const. Mohinder Pal. 21. Dr. Dinesh Sharma, PW-17 deposed that physical violence and sexual abuse had been performed with the minor child. 22. Sh. Amir Lama, PW-18 deposed that the accused led the police party to the cowshed where he got recovered the piece of gunny bag, upon which blood stains were present. The pyjama was also got recovered on the way by the accused. 23. ASI Jeet Ram, PW-19 prepared the spot map Ext. PW-19/A. The photographs were also clicked. The statements of the witnesses were also recorded. Gunny bag and Pyjama were got recovered by the accused. The case property was sent for FSL, Junga for chemical examination. The pyjama was also got recovered on the way by the accused. 23. ASI Jeet Ram, PW-19 prepared the spot map Ext. PW-19/A. The photographs were also clicked. The statements of the witnesses were also recorded. Gunny bag and Pyjama were got recovered by the accused. The case property was sent for FSL, Junga for chemical examination. The final opinion of the doctor is Ext. PW-17/B. He also obtained the MLC of the prosecutrix. 24. What emerges from the statements of the witnesses is that the prosecutrix, aged about 3 ½ years, was taken by the accused towards the river side. He committed rape on her. The girl was admitted in the hospital. The MLC was got conducted and case property was sent to FSL, Junga for chemical examination. 25. PW-1 Dr. Kalpna Sharma, stated that blood stains were noticed on labia majora. On separation of labia, blood was seen oozing from vaginal orifice. There was perineal tear 3 cm extending from vaginal orifice towards perineal region. She also noticed swelling/odema around the vaginal orifice. According to the MLC Ext. PW-1/B, it was a case of sexual intercourse with the patient. PW-17 Dr. Dinesh Sharma, Gynecologist, has also opined that physical violence and sexual abuse has been performed with the patient. He has given his expert opinion vide Ext. PW-17/B. 26. The statement of the prosecutrix was also recorded. She categorically deposed that the accused took her to river side. He did balatkar with her. She started crying and her mouth was gagged. She felt pain in her private part. Her statement has been fully corroborated by her mother, PW-10 Smt. Rupa and her father PW-11 Gopal Singh. According to them, the accused took prosecutrix towards the river side by alluring her to give sweets. 27. The accused was capable of performing sexual act as per the statement of PW-2 Dr. Vidyasagar. The accused was also seen coming from river side by PW-3 Rakesh Kumar. The prosecutrix was seen lying on the sand by PW-12 Kesang. The gunny bag and pyjama was got recovered by the accused in the presence of PW-14 Dev Singh. PW-15 Bir Singh also found the three year old girl weeping. He noticed that blood was oozing out from her private organ. 28. According to Ext. The prosecutrix was seen lying on the sand by PW-12 Kesang. The gunny bag and pyjama was got recovered by the accused in the presence of PW-14 Dev Singh. PW-15 Bir Singh also found the three year old girl weeping. He noticed that blood was oozing out from her private organ. 28. According to Ext. PX-1, FSL report, human blood was detected on exhibit 1a ( T-shirt, of the prosecutrix), exhibit 1c (dupatta of the prosecutrix), exhibit 3a (vaginal swab of the prosecutrix), exhibit 3b (endo cervical swab of the prosecutrix) and exhibit 3c (annal swab of the prosecutrix). Human blood was also detected on exhibit 3d (swab taken from medial aspect of thigh of the prosecutrix). Human blood and semen was detected on exhibit 1b (frock of the prosecutrix) and exhibit 7d (underwear of the accused). The DNA report Ext. PX-2 also established that the accused has committed rape upon the prosecutrix. 29. Mr. Varinder Singh Rathore, Advocate appearing for the accused has also argued that it was a case of false implication. This plea merits rejection. There was no occasion for the poor labourers to falsely implicate the accused. The accused was working as servant with the family of the prosecutrix. He allured and took the prosecutrix to river side and committed rape on her. No respectable family would ever try to falsely implicate the accused and that too in heinous crime like rape, moreover when the honour and prestige of the family is involved. Thus, the prosecution has proved the case against the accused beyond reasonable doubt. There is no occasion for us to interfere with the well reasoned judgment passed by the learned trial Court. 30. Accordingly, there is no merit in this appeal and the same is dismissed.