JUDGMENT Hon’ble Mrs. Ranjana Pandya, J.—The appellant has preferred this appeal challenging his conviction and sentence awarded by learned Additional Sessions Judge, Court No. 2, Fatehpur vide judgment dated 10.5.2013 passed in Session Trial No. 374 of 2011 (State v. Alok Lodhi) arising out of Case Crime No. 160 of 2011, under Sections 376/511, 342 IPC, PS Kotwali, District Fatehpur whereby accused appellant Alok Lodhi was found guilty under Sections 342, 376/511 IPC and sentenced to one year’s simple imprisonment under Section 342 IPC and five years’ simple imprisonment under Sections 376/511 IPC and a fine of Rs. 10,000/- with default stipulation. 2. Shorn of unnecessary details, the prosecution story against appellant is that on 5.4. 2011 at 3 o’ clock in the day time, the daughter of informant aged six years was playing. Suddenly, accused Alok took the girl to his room. He made the girl catch his penis and asked her to masturbate and he was attempting to rape her. When the victim raised hue and cry, the wife of informant namely Chheddan and other people rushed to the spot, at which accused appellant Alok Lodhi fled away. He was later on traced and brought to the police station by the informant and a first information report was lodged at 09:30 AM on 6.4.2011 on the basis of which a case under Sections 376/511, 342 IPC was registered against the appellant at Crime No. 160 of 2011, the investigation whereof was entrusted to SI Mohd. Saleem Siddiqui. The victim was sent for medical examination. The investigation ended in to a charge-sheet against the accused appellant. 4. After committal of the case to the Court of Session charges for offences punishable under Section 376 read with Section 511 and 342 IPC were framed against the accused, who pleaded not guilty and claimed to be tried. 5. In order to prove its case the prosecution examined four witnesses. PW-1 is Faiyaz, father of victim who proved the written report as Ext. Ka-1. PW-2 is Cheddan, mother of the victim. PW-3 is the victim. PW-4 is SI Mohd. Saleem Siddiqui. 6. After close of the prosecution evidence, statement of accused was recorded under Section 313 Cr.P.C., who again denied the entire prosecution story and also the circumstances appearing against him in the incident stating that Payal of his mother was stolen by the victim. PW-3 is the victim. PW-4 is SI Mohd. Saleem Siddiqui. 6. After close of the prosecution evidence, statement of accused was recorded under Section 313 Cr.P.C., who again denied the entire prosecution story and also the circumstances appearing against him in the incident stating that Payal of his mother was stolen by the victim. When the victim was pressurized to reveal the truth, the accused was assaulted by the family members of the victim, who sustained serious injuries and a false case was got registered against him. 7. The learned trial Court after hearing the counsel for parties convicted the accused appellant as indicated in para 1 of the judgment. 8. Feeling aggrieved, the accused has preferred this appeal. 9. I have heard Sri S.D. Yadav, learned counsel for appellant, learned AGA for State and perused the record. 10. The learned A.G.A. has supported the impugned judgment and order of the Court below and submitted that the findings of the fact recorded by the trial Court are based on evidence of the prosecutrix and that no corroboration was required when the testimony of the prosecutrix was clear, cogent and convincing. He has further contended that there was nothing to show that the prosecutrix has falsely implicated the accused and the appeal is liable to be dismissed. 11. At the outset, the counsel for appellant has submitted that the occurrence is said to have taken place on 5.4.2011 at 3 o’ clock in the day time and report was lodged on the next date at 09:30 A.M., the distance of place of occurrence being three kilometers. Thus, there is an inordinate delay in lodging the first information report which is fatal for the prosecution case. 12. As far as delay in lodging the first information report is concerned, in the first information report it has been stated that when the accused was seen by the mother of victim and other people of the colony, he fled away. He was later on traced and brought to the police station. 13. Perusal of the chik report Ext. Ka-2 reveals that the report was lodged about eighteen and half hours after the incident. In Mohd. He was later on traced and brought to the police station. 13. Perusal of the chik report Ext. Ka-2 reveals that the report was lodged about eighteen and half hours after the incident. In Mohd. Ali @ Guddu v. State of U.P., (2015) 3 SCC (Cri) 82, the Apex Court has held that delay in lodging FIR in cases under Section 376 IPC would depend upon facts of each case and this Court has given immense allowance to such delay, regard being had to the trauma suffered by the prosecutrix and various other factors. The Hon’ble Apex Court in State of Rajasthan v. N.K. Accused, AIR 2000 SC 1812 , has observed as follows : “We may however state that a mere delay in lodging the FIR cannot be a ground by itself for throwing the entire prosecution case overboard. The Court has to seek an explanation for delay and test the truthfulness and plausibility of the reason assigned. If the delay is explained to the satisfaction of the Court it cannot be counted against the prosecution. In State of Rajasthan v. Narayan, AIR 1992 SC 2004 , this Court observed True it is that the complaint was lodged two days later but as stated earlier Indian society being what it is the victims of such a crime ordinarily consult relatives and are hesitant to approach the police since it involves the question of morality and chastity of a married woman. A woman and her relatives have to struggle with several situations before deciding to approach the police. In State of Punjab v. Gurmit Singh and others (supra), this Court has held The Courts cannot overlook the fact that in sexual offences delay in the lodging of the FIR can be due to variety of reasons particularly the reluctance of the prosecutrix or her family members to go to the police and complain about the incident which concerns the reputation of the prosecutrix and the honour of her family” 14. No doubt there are reasons, objects and aims of lodging prompt FIR and delay in lodging the first information report more often than not, results in embellishment and exaggeration which is a creature of an after-thought. No doubt there are reasons, objects and aims of lodging prompt FIR and delay in lodging the first information report more often than not, results in embellishment and exaggeration which is a creature of an after-thought. A delayed FIR not only gets bereft of the advantage of spontaneity, the danger of the introduction of a coloured version, an exaggerated account of the incident or a concocted story as a result of deliberations and consultations, also creeps in, casting a serious doubt on its veracity, as has been held by the Apex Court in State of Himanchal Pradesh v. Prem Singh, AIR 2009 (SC) 1010 , is extracted below : “This is trite law that Delay in lodging FIR more often than not, results in embellishment and exaggeration, which is creature of an afterthought. A delayed report not only gets bereft of the advantage of spontaneity, the danger of the introduction of a coloured version, an exaggerated account of the incident or a concocted story as a result of deliberations and consultations, also creeps in, casting a serious doubt on its veracity. Thus, FIR is to be filed more promptly and if there is any delay, the prosecution must furnish a satisfactory explanation for the same for the reason that in case the substratum of the evidence given by the complainant/informant is found to be unreliable, the prosecution case has to be rejected in its entirety.” 15. The informant is PW- 1 Faiyaz who was subjected to the test of cross-examination but there is nothing in his cross-examination which would render the FIR doubtful. Thus, after suffering from the trauma by her parents of a small six years old girl being raped, the lodging of FIR after eighteen and half hours would not be a delayed FIR. Although there is a slight delay which has been explained by the informant, which remains uncontroverted. 16. As far as the occurrence is concerned, the counsel for appellant has submitted that there are different versions of the prosecution case. As per the FIR there are only allegations of outraging the modesty of victim, whereas according to the parents of the victim, the accused was raping the victim and according to the victim herself she has not said that the accused actually raped her. Thus, the case would by no stretch of imagination travel beyond the scope of Section 354 IPC. Thus, the case would by no stretch of imagination travel beyond the scope of Section 354 IPC. In support of the case, the counsel for appellant has placed reliance upon Mohd. Ali v. State by Inspector of Police, 2010 Cri LJ (NOC) 384 (MAD). On the same line, he has also placed reliance upon State of Orissa v. Sukadev Pradhan, 1987 Cr LJ 605. But the facts of that case are different in as much as in the aforementioned case there were allegations that the appellant has penetrated his penis into vagina of the victim with force but the victim had no injury. 17. The counsel for appellant has also placed reliance upon State of Rajasthan v. Sri Chand, 2015 AIR (SCW) 3293. But the facts of this case are also different.While relying upon Pawan Kumar and another v. State of Haryana, (2004) 4 SCC 379 , it was submitted that in order to come to the conclusion that an attempt to rape is committed it should be shown that the accused was determined to have sexual connection (penetration) with the prosecutrix by all efforts in spite of all resistance. 18. The counsel for accused appellant admitted the most of documents produced by the prosecution and formal proof of the document was dispensed with as per the provision of Section 294 Cr.P.C. One of them is medical report of the victim Ext. Ka-3 which reveals that on internal examination the hymen was found intact but there was soreness present in the vaginal orifice. The child was a small minor girl whose elbow wrist and knee joint with epiphysis were not fused. PW-1 Faiyaz, the father of victim has stated that the accused did bad work with his daughter. This was how the little girl could have described the act of sexual assault in her own plain voice. But in cross-examination he has specified that the accused was attempting to rape her but he did not specify this because he was feeling very shy in mentioning this fact in the report as well as feeling shy while stating before the Court. The Court can understand the plight of an illiterate man to state such a thing in open Court about his minor six years old child. But the statement of Faiyaz PW-1 is natural and inspires confidence. 19. The Court can understand the plight of an illiterate man to state such a thing in open Court about his minor six years old child. But the statement of Faiyaz PW-1 is natural and inspires confidence. 19. PW-2 is Chheddan who said that at the time of occurrence the victim was six years of age. She came weeping to her mother and narrated the incident to her mother, PW-2. She also told her mother that when the accused was closing his room, the victim resisted but he told that devils come. She has further stated that the victim told her that the accused had touched his penis on the vagina of the child. This witness also had to undergo the test of cross-examination but except minor contradiction there is nothing on record to discredit her testimony. 20. PW-3 is the victim who has stated her age to be seven years. She is a child witness. The Hon’ble Apex Court in Panchhi v. State of U.P., (1998) 7 SCC 177 , has observed about ‘child witness’, which reads as under : “The evidence of a child witness cannot be rejected outrightly but the evidence must be evaluated carefully and with greater circumspection because a child is susceptible to be swayed by what others tell him and thus a child witness is an easy prey to tutoring. The Court has to assess as to whether the statement of the victim before the Court is the voluntary expression of the victim and that she was not under the influence of others.” 21. It is trite law that the evidence of a child cannot be rejected outrightly and the same must be evaluated with greater circumspection. When the evidence of PW-3 is read alongwith the evidence of PW-1 Faiyaz and PW-2 Chheddan, it becomes quite clear that the accusation made by them in their depositions is cogent, credible and had grain of truth and the same was not in any manner to be influenced by any tutoring. 22. The fate of present case depends squarely upon the acceptability of the evidence of child witness. I have not lost the sight of the fact that in the case of a child witness there is scope for tutoring and unless the evidence is totally unblemished corroboration is necessary. With this back ground the statement of child witness PW-3 (victim) has to be examined. I have not lost the sight of the fact that in the case of a child witness there is scope for tutoring and unless the evidence is totally unblemished corroboration is necessary. With this back ground the statement of child witness PW-3 (victim) has to be examined. The intelligentsia of the victim was examined by the learned trial Court in its wisdom who put certain questions to the child witness before she was administered oath and before she was asked about the case. The learned trial Court also recorded its finding that the girl was intelligent enough and understood the sanctity of oath. Hence the oath was administered to her. It appears that after this when the child was asked certain questions regarding the rape, she started weeping loudly due to which her statement had to be deferred. It appears that the statement of this witness was recorded in open Court. Neither the proceedings were held in camera nor the atmosphere was made congenial enough for the small child witness to feel comfortable. However, in her statement this witness has stated that she was playing outside her house. The accused called her in his room to give her biscuits. He took her inside in his room and made her lie on the Takath. He further made her catch his penis. After that, he took off the Salwar of the victim. He also took off his clothes and put his penis on vagina of the victim. She started screaming when she was turned out. She has also stated that when the accused took her inside the room, he bolted the door of the room. This small child witness was also put to the test of cross-examination in which she has stated that at the time of occurrence she was only wearing a Salwar. Certain contradictions were put to this witness regarding her statement under Section 161 Cr.P.C. but they are of no consequence keeping in view the age of the child and the fact that the counsel for the accused himself dispensed with the formal proofs of the most of prosecution documents and the statement of this witness has to be read in its entirety to do justice with the accused coupled with the victim and her family. She has stated that her parents told her what ‘Bayan’ was to be given by her in the Court. She has stated that her parents told her what ‘Bayan’ was to be given by her in the Court. The Court can imagine the difficulty that a small girl of 6-7 years feels while facing an advocate and remembering the horrified incident which took place with her but at the time this witness to be a truthful reliable witness because on being asked by the Court she stated : eSus vkt tks ?kVuk ds ckjs esa c;ku fn;k gS] og ?kVuk eq>s ;kn gS rFkk viuh ;knnk’r ds vk/kkj ij c;ku fn;k gSA** 23. In State of Punjab v. Gurmit Singh, AIR 1996 (SCW) 998, the Hon’ble Apex Court has observed as follows : “OF late, crime against women in general and rape in particular is on the increase. It is an irony that while we are celebrating women’s rights in all spheres, we show little or no concern for her honour. It is a sad reflection on the attitude of indifference of the society towards the violation of human dignity of the victims of sex crimes. We must remember that a rapist not only violates the victim’s privacy and personal integrity, but inevitably causes serious psychological as well as physical harm in the process. Rape is not merely a physical assault - it is often destructive of the whole personality of the victim. A murderer destroys the physical body of his victim, a rapist degrades the very soul of the helpless female. The Courts, therefore, shoulder a great responsibility while trying an accused on charges of rape. They must deal with such cases with utmost sensitivity. The Courts should examine the broader probabilities of a case and not get swayed by minor contradictions or insignificant discrepancies in the statement of the prosecutrix, which are not of a fatal nature, to throw out an otherwise reliable prosecution case. If evidence of the prosecutrix inspires confidence, it must be relied upon without seeking corroboration of her statement in material particulars. If for some reason the Court finds it difficult to place implicit reliance on her testimony, it may look for evidence which may lend assurance to her testimony, short of corroboration required in the case of an accomplice. If evidence of the prosecutrix inspires confidence, it must be relied upon without seeking corroboration of her statement in material particulars. If for some reason the Court finds it difficult to place implicit reliance on her testimony, it may look for evidence which may lend assurance to her testimony, short of corroboration required in the case of an accomplice. The testimony of the prosecutrix must be appreciated in the background of the entire case and the trial Court must be alive to its responsibility and be sensitive while dealing with cases involving sexual molestation.” 24. Thus, it is crystal clear that this child was not tutored and she narrated before the Court what actually took place with her because the oral evidence of the prosecution witness is corroborated by the medical evidence according to which soreness was present in the vagina orifice of the victim. 25. I have closely scrutinized the entire testimony of the prosecution with reference to other link evidence in the shape of medical evidence as also of the Investigating Officer and find that the entire prosecution evidence with regard to the guilt of accused appellant is wholly consistent, clear and reliable. PW-4 Investigating Officer inspected the spot, prepared the site plan which was proved as Ext. Ka-8 and the charge-sheet was proved as Ext. Ka-9. There is nothing significant in the cross-examination of Investigating Officer. In the present case, there was nothing short of attempt to rape because the appellant has disrobed himself. He has also taken off the only cloth i.e. Salwar which was worn by the victim. Thus, it cannot be said to be only a case of an indecent assault, rather it is a case of attempt to rape. 26. A case of indecent assault was decided by Mirza and Broomfield JJ. of the Bombay High Court in Ahmed Asalt Mirkhan (Cri. Q. NO. 161 of 1930 decided on 12.8.1930 in Law of Crimes by Ratanlal Dhirajlal, p. 922), wherein the complainant, a milkmaid, aged 12 or 13 years, who was hawking milk, entered the accused house to deliver milk. The accused got up from the bed on which he was lying and chained the door from inside. He then removed his clothes and the girl’s petticoat, picked her up, laid her on the bed, and sat on her chest. The accused got up from the bed on which he was lying and chained the door from inside. He then removed his clothes and the girl’s petticoat, picked her up, laid her on the bed, and sat on her chest. He put his hand over ‘her mouth to prevent her crying and placed his private part against hers. There was no penetration. The girl struggled and cried and so the accused desisted and she got up, unchained the door and went out. It was held that the accused was not guilty of attempt to commit rape but of indecent assault. The point of distinction between an offence to commit rape and to commit indecent assault is that there should be some action on the part of the accused which would show that he is just going to have sexual connection with her. 27. Thus, in the present case the accused had made every preparation to rape the victim. In the statement under Section 313 Cr.P.C. the accused has stated that ‘Payal’ of his mother was stolen by the victim. When he pressurized her to admit her guilt, he was beaten and was falsely implicated in this case. But there is nothing on record to substantiate the aforesaid statement in as much as although the victim has admitted that Payal of the accused was stolen but she denied the further allegations. Thus, I conclude on the basis of what have been stated and discussed above and find that the appeal deserves to be dismissed. 28. Accordingly, the appeal is dismissed. The conviction and sentence of the appellant as awarded by the learned Additional Sessions Judge, Fatehpur by the impugned judgment and order is confirmed. 29. The appellant is in jail. He shall serve out the remaining part of his sentence. 30. Let certified copy of this order be transmitted to the Court concerned for compliance.