JUDGMENT : Rajiv Sharma, J. 1. This appeal has been instituted against Judgment dated 14.3.2016 rendered by the learned Sessions Judge, Una, HP in Sessions Trial No. 23 of 2015, whereby the appellant-accused (hereinafter referred to as 'accused’ for convenience sake), who was charged with and tried for offence under Sections 376 and 506 IPC, has been convicted and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.10,000/- for the offence punishable under Section 376 IPC and in default of payment of fine, to further undergo simple imprisonment for three months. He has further been sentenced to undergo simple imprisonment for six months for offence under Section 506 IPC. Both the sentences have been ordered to run concurrently. 2. Case of the prosecution, in a nutshell, is that on 6.12.2014, on receipt of information in Police Station, Amb, from Massa Singh (PW-2) of Gurudwara Mairi about rape, SI Darshan Singh (PW-22) went to Mairi Gurudwara where the prosecutrix got her statement recorded under Section 154 CrPC vide Ext. PW-1/A to the effect that she was a resident of Ropar in Punjab and was doing graduation. She reached Baba Bad Bhag Singh, Mairi at about 8.30 PM from her house in Ropar and stayed there till 4 AM. At 4 AM, she hired the taxi of accused for Dhaulidhar (Charanganga). She was all alone in the taxi. When she asked accused to take more passengers, he replied that he will take more passengers on the way to Dhaulidhar. But, on the way, he did not try to get any passenger and instead of taking the taxi to Dhaulidhar, took the same to a secluded place where he stopped the taxi and sat with her on the middle seat of the taxi and started assaulting her forcibly. When she resisted the acts of accused, he threatened her that he will call his 3-4 friends. Thereafter, accused forcibly committed rape upon her. Due to fear, she accompanied accused to Dhaulidhar in the same taxi and after taking bath at Charanganga, came back to Beri Sahib (Mairi) in the taxi in question and on her asking, accused, he told his name as Ajay Kumar alias Happy. After alighting from the taxi, she noted the number of the taxi as HP-07U-0140. she narrated the whole incident to Kulwant Kaur (PW-1). Thereafter, during investigation, prosecutrix produced her clothes. After alighting from the taxi, she noted the number of the taxi as HP-07U-0140. she narrated the whole incident to Kulwant Kaur (PW-1). Thereafter, during investigation, prosecutrix produced her clothes. Seat cover of the middle seat of vehicle was also taken into possession. The prosecutrix as well as accused was medically examined vide Ext. PW-14/A and Ext. PW-5/B, respectively. Statement of the prosecutrix was also recorded under Section 164 CrPC, before the Judicial Magistrate. Report of the chemical examiner is Ext. PX. Investigation was completed. Challan was put in the Court after completing all the codal formalities. 3. Prosecution examined as many as twenty two witnesses to prove its case against the accused. Accused was examined under Section 313 of Criminal Procedure Code. He has denied the case of the prosecution. Accused was convicted and sentenced as noticed above. Hence, this appeal. 4. Mr. N.K. Thakur, learned Senior Advocate has vehemently argued that the prosecution has failed to prove its case against the accused. 5. Mr. Parmod Thakur, Additional Advocate General, has supported Judgment dated 14.3.2016. 6. I have heard the learned counsel for the parties and also gone through the judgment and record carefully. 7. Kulwant Kaur (PW-1) testified that she came to Baba Bad Bhag Singh, Mairi every month to pay obeisance. On 5.12.2014, at about 5.30 PM, she had come to Baba Bad Bhag Singh and performed service in Gurudwara. In the morning at about 7.30 AM, a girl who was weeping, met her outside the Langar hall. She was accompanied by a boy who was apprehended by the people. She told that said boy had committed sexual act with her. Girl disclosed her name. She was a resident of Ropar. In the meantime, people present there started beating accused. She brought boy and girl to the office of Gurudwara. Girl told that said boy had committed sexual intercourse with her forcibly. She further disclosed that she hired taxi at about 4 AM to reach Dhaulidhar to take bath. She further disclosed that she had reached Baba Bad Bhag Singh on 5.12.2014 at about 8.30 PM. She brought boy and girl to the office of Gurudwara. Girl told that said boy had committed sexual intercourse with her forcibly. She further disclosed that she hired taxi at about 4 AM to reach Dhaulidhar to take bath. She further disclosed that she had reached Baba Bad Bhag Singh on 5.12.2014 at about 8.30 PM. She also told that said boy who was a taxi driver, took her in taxi to Dhaulidhar and while traveling, he had closed all the doors of vehicle and did not allow any other person to sit in the vehicle and then took the vehicle to a lonely place and then committed rape on her forcibly. She also disclosed that she had resisted the act of the accused but he told that he would call other 4-5 friends and they will all commit forcible intercourse with her. Accused disclosed his name as Ajay Kumar alias Happy. At that time, one Swaran Kaur, Pradhan, Gram Panchayat Mairi and an official of Gurudwara, Massa Singh were also present. In her cross-examination, she admitted that large number of people gathered at Gurudwara on Puranmashi. She also admitted that on the occasion of Puranmashi, police arrangement is also there. She also admitted that the place from where taxi was hired was near to Gurudwara. There were shops on both the sides of road at Gurudwara. She admitted that there was only one road in case one had to go to Dhaulidhar Charanganga from Gurudwara and distance of Dhaulidhar from Gurudwara was about 1.5-2 kms. A large number of people remained present at Dhaulidhar. 8. Massa Singh (PW-2) testified that he was working in Dera Baba Bad Bhag Singh. On 6.12.2014, he was present in the office. At around 7.30 PM, a girl and a boy were brought by the people in the office. Boy was beaten up by the people and there were injury marks on his face. Girl disclosed her name and also that the boy had committed sexual intercourse with her. Boy disclosed his name as Ajay. Girl and the boy were brought to his office by Kulwant Kaur. Pradhan, Gram Panchayat also came there. She asked the girl separately and she disclosed entire incident to her. His statement was recorded by the police. 9. Avtar Singh (PW-3) testified that he was owner of vehicle No. HP-01U-0140. Boy disclosed his name as Ajay. Girl and the boy were brought to his office by Kulwant Kaur. Pradhan, Gram Panchayat also came there. She asked the girl separately and she disclosed entire incident to her. His statement was recorded by the police. 9. Avtar Singh (PW-3) testified that he was owner of vehicle No. HP-01U-0140. On 6.12.2014, he produced RC, insurance and route permit of the aforesaid vehicle to the police. Police also took into possession the central seat cover of the vehicle. Girl disclosed that the accused had committed sexual intercourse with her on the central seat of the vehicle. 10. Smt. Swaran Kaur (PW-4) was the Pradhan of Gram Panchayat Mairi. She testified that on 6.12.2014, at 8.30 AM, she came to the office of Gurudwara Baba Bad Bhag Singh. At that time, some people had gathered. Employee of the Gurudwara Massa Singh and Kulwant Kaur with a boy and a girl were present there. She was called on phone to the office. Kulwant Kaur asked the girl in her presence that what had happened with her. Girl disclosed that she had come to Gurudwara in the evening and earlier she served in the Langar till 4 AM and then went to Dhaulidhar by taxi. She disclosed that the taxi, in which she went to Dhaulidhar, in that taxi, accused did not allow others to sit. Girl asked him to have some other passengers on which he said that he will take passengers a little ahead. But he did not allow any passenger and bolted the window of vehicle and took the vehicle to a lonely place. Boy committed rape upon her in the vehicle. Thereafter, he took the girl to Charanganga and after taking bath, he said to the girl to sit in the vehicle. Girl sat in the vehicle due to fear. However, on the way, she allowed other passengers to sit in the same. 11. Dr. Pankaj Prasher (PW-5) examined the accused. He issued MLC Ext. PW-5/B. The final opinion is Ext. PW-5/C. According to him, accused might have committed sexual intercourse on the basis of FSL report. 12. HC Vipan Kumar (PW-6) testified that on 6.12.2014, HHC Rajiv Kumar brought statement of prosecutrix Ext. PW-6/A, on the basis of which he entered FIR Ext. Dr. Pankaj Prasher (PW-5) examined the accused. He issued MLC Ext. PW-5/B. The final opinion is Ext. PW-5/C. According to him, accused might have committed sexual intercourse on the basis of FSL report. 12. HC Vipan Kumar (PW-6) testified that on 6.12.2014, HHC Rajiv Kumar brought statement of prosecutrix Ext. PW-6/A, on the basis of which he entered FIR Ext. PW-6/B. On 6.12.2014, a sealed parcel alleged to be containing clothes of victim sealed with seven seals of ‘M’ along with specimen seal handed over by SI Darshan Singh. Another sealed parcel sealed with seven seals of seal ‘H’ alleged to be containing seat cover of the vehicle, one sealed parcel sealed with three seals of ‘PLUS Amb’ alleged to be containing two vials of smegma, pubic hair and slide, another parcel sealed with three seals of ‘PLUS Amb’ alleged to be containing undergarments (underwear and vest) of accused and other articles were handed over by SI Darshan Singh. He entered the same in Malkhana Register. On 12.2.2015, SI Darshan Singh deposited with him, FTA form and cards of accused sealed with three seals of ‘PLUS Amb’ for the purpose of DNA analysis. On the same day, forms along with above said parcels which were received from RFSL Dharamshala were sent to FSL Junga through Constable Ajay Kumar vide RC No. 34/15 dated 12.2.2015. Similarly, on 18.2.2015, SI Darshan Singh deposited with him FTA Forms and cards of victim sealed with three seals of ‘PLUS Amb’ for the purpose of DNA analysis along with specimen seal. On the same day, he sent the same to FSL Junga through Constable Ajay Kumar vide RC No. 35/15. 13. HC Vipan Kumar (PW-6) deposed that on 10.9.2015, HHC Gopal Dass No. 135 who was deputed to collect parcels from SFSL Junga, had deposited with him one parcel stated to be containing blood for DNA analysis of accused sealed with three seals of DNA, one parcel sealed with two seals of DNA stated to be containing FTA card of victim. HC Vipan Kumar (PW-6) deposed that on 10.9.2015, HHC Gopal Dass No. 135 who was deputed to collect parcels from SFSL Junga, had deposited with him one parcel stated to be containing blood for DNA analysis of accused sealed with three seals of DNA, one parcel sealed with two seals of DNA stated to be containing FTA card of victim. He also deposited with him one parcel stated to be containing shirt and Pajami of victim sealed with five seals of DNA, one parcel stated to be containing pubic hair and smegma sealed with three seals of DNA, another parcel stated to be containing undergarments of accused sealed with three seals of DNA and one parcel stated to be containing vaginal swab, slide and pubic hair of victim sealed with three seals of DNA. He made entry to this effect in the Malkhana Register. 14. HHC Rajiv Kumar (PW-9) deposed that he went to Baba Bad Bhag Singh, Mairi along with SI Darshan Singh and other police officials. SI Darshan Singh recorded the statement of the prosecutrix vide Ext. PW-6/A. 15. Dr. Usha Daroch (PW-14) has examined the prosecutrix. She issued MLC Ext. PW-14/A. Her final opinion is Ext. PW-14/B. After receipt of chemical examiner report, as well as physical examination of the prosecutrix, it was suggestive of vaginal penetration. 16. Prosecutrix was examined as PW-15. According to her, she came to Mairi from her house in Ropar to pay obeisance by train up to Amb. She reached at Amb at 7.30 PM and took bus to Mairi and reached there at 8.30 PM. She paid obeisance in Gurudwara and served a Langar for some time. Thereafter, she took rest in Gurudwara. At about 4 AM, she went to taxi stand and hired a taxi for Dhaulidhar. When she boarded taxi, she was all alone. She asked driver to take more passengers. He said that he will take passengers on the way. He took her to some other road instead of Dhaulidhar. It was dark. Driver stopped the vehicle and came to her in rear seat of vehicle. He started misbehaving with her. He tried to molest her. When she objected, he threatened that he will call his 4-5 friends and they will all commit sexual intercourse with her. She was frightened. Accused committed forcible sexual intercourse with her. It was dark. Driver stopped the vehicle and came to her in rear seat of vehicle. He started misbehaving with her. He tried to molest her. When she objected, he threatened that he will call his 4-5 friends and they will all commit sexual intercourse with her. She was frightened. Accused committed forcible sexual intercourse with her. Thereafter, he took her to Dhaulidhar and asked her to come back again to his vehicle. She took bath at Dhaulidhar and came back. Accused asked her to sit in the vehicle. She noted the number of the vehicle which was HP-01U-0140. She asked his name. He told his name as Ajay Kumar alias Happy. On reaching Mairi, she narrated the whole incident to Kulwant Kaur. Thereafter, she was taken to Gurudwara. One Massa Singh was also present in the office. Police recorded statement of the prosecutrix vide Ext. PW-6/A. She had shown the place of occurrence on 6.12.2014 to the police. Police also removed the seat cover of middle seat. She identified the vehicle in the presence of witnesses. In her cross-examination, she deposed that at the time of incident, she was unmarried and doing post-graduation. She admitted that there remains great rush in the Gurudwara particularly on the occasion of Puranmashi. It was Puranmashi on 6.12.2014. Taxi stand was just near to Gurudwara. She admitted that when any one has to go to Charanganga, then vehicle has to pass in front of Gurudwara and on both the sides, there are a number of shops. She also admitted that there was only one road which leads to Charanganga from taxi stand. She also admitted that due to rush, vehicle has to pass at a slow speed. Volunteered that on that day due to winter there was no rush on the road. There was hardly any devotee on that day on the road. Charanganga was about 1.5-2 kms from taxi stand. Many people go to Charanganga on foot and may by vehicles. Roads were Pakka roads. She admitted that on the Chowk, there was a parking place where all types of vehicles were parked. She also admitted that at bathing place, a number of people remain present on Puranmashi at Charanganga. She did not raise any alarm since she was terrorized by the accused. She has not received any injury. Place of occurrence was 1.5-2 kms from Charanganga. She also admitted that at bathing place, a number of people remain present on Puranmashi at Charanganga. She did not raise any alarm since she was terrorized by the accused. She has not received any injury. Place of occurrence was 1.5-2 kms from Charanganga. After illegal act was committed with her, she asked accused to leave her at Charanganga. She paid obeisance and took bath. No other passenger was sitting in the vehicle when she was brought back to Mairi by the accused in his vehicle from Charanganga. She reached back at Mairi at 8.30 AM. She did not disclose about the incident to anyone. 17. Dr. Navdeep Joshi (PW-21) testified that on 12.2.2015, one application Ext. PW-21/A, he had taken blood sample of accused, Ajay Kumar son of Wattan Singh on FTA card. He had also filled the identification form of Ajay Kumar. He was identified by Investigating Officer and one witness. He verified the person from the photographs of the person affixed on identification form. Samples were handed over to the Investigating Officer. 18. SI Darshan Singh (PW-22) was the Investigating Officer. He recorded the statement of the prosecutrix under Section 154 CrPC. FIR was registered. Case property was taken into possession. Statements of Kulwant Kaur, Swaran Kaur, Massa Singh, Pawan Kumar, Naresh Chand and Bhagat Ram were recorded under Section 161 CrPC. Photographs of the spot were taken. Statement of the victim was also got recorded before the ACJM Amb, vide Ext. PW-22/C. 19. Prosecutrix had come to pay obeisance at Baba Bad Bhag Singh, Mairi on 5.12.2014 at 7.30 PM. She hired taxi for Dhaulidhar at 4 AM. Accused was the driver of the taxi. He committed sexual intercourse with her in the taxi. She came back to Gurudwara and narrated the incident to Kulwant Kaur (PW-1). Kulwant Kaur (PW-1) has categorically stated that the prosecutrix has narrated entire incident to her and accused was also apprehend by the people. PW-1 Kulwant Kaur has taken the prosecutrix and accused to PW-2 Massa Singh. He inquired the incident from the prosecutrix. She narrated the incident. In the meantime, Pradhan, Gram Panchayat Mairi, had also come. Pradhan also inquired from the girl. PW-4 Swaran Kaur has testified that she was called to the office of Gurudwara. She narrated entire incident and manner in which accused committed sexual intercourse with her. Prosecutrix has appeared as PW-15. He inquired the incident from the prosecutrix. She narrated the incident. In the meantime, Pradhan, Gram Panchayat Mairi, had also come. Pradhan also inquired from the girl. PW-4 Swaran Kaur has testified that she was called to the office of Gurudwara. She narrated entire incident and manner in which accused committed sexual intercourse with her. Prosecutrix has appeared as PW-15. Her statement was not shattered in the cross-examination. There are no contradictions in her statement. Statement of the prosecutrix was recorded under Section 164 CrPC. PW-14, Dr. Usha Daroch has medically examined the prosecutrix. Her final opinion is Ext. PW-14/B. Her final opinion was that there were signs of vaginal penetration. FSL report is Ext. PX. Human semen was detected in exhibit 2a vaginal swab, exhibit 2c vaginal smear slides (prosecutrix). Blood was not detected in the exhibit. DNA report is Ext. PY. According to the report, identical DNA profile was obtained from exhibit 1b (Pajami, prosecutrix) and exhibit 2a (vaginal swab, prosecutrix), and this DNA profile matched completely with the DNA profile obtained from exhibit 6 (blood sample on FTA card, accused). DNA profile obtained from exhibit 2c (vaginal slides, prosecutrix) matched completely with the DNA profile obtained from exhibit 1-1 (blood sample on FTA card, prosecutrix). Blood samples have been taken for DNA test by PW-21 Dr. Navdeep Joshi. Samples have reached FSL Junga intact. 20. Mr. N.K. Thakur, learned Senior Advocate vehemently argued that the story of the prosecution is not probable. He also argued that accused could not rape the prosecutrix in a crowded place. However, fact of the matter is that prosecutrix hired taxi at 4 AM. It was dark. Incident is of 6.12.2014. It has also come in the statement of the prosecutrix that there was no rush on that day. It has also come in the statement of PW-15, prosecutrix that accused had taken her to a secluded place and threatened her and it was due to fear that she could not disclose the incident to anyone at Charanganga. She came back to Gurudwara and has narrated the incident to Kulwant Kaur, PW-1 and PW-2 Massa Singh. Massa Singh informed the incident to PW-4, Pradhan, Gram Panchayat Mairi Smt. Swaran Kaur. Statement of the prosecutrix read with medical evidence and the report of DNA analysis conclusively proves that accused had committed rape upon the prosecutrix forcibly. She came back to Gurudwara and has narrated the incident to Kulwant Kaur, PW-1 and PW-2 Massa Singh. Massa Singh informed the incident to PW-4, Pradhan, Gram Panchayat Mairi Smt. Swaran Kaur. Statement of the prosecutrix read with medical evidence and the report of DNA analysis conclusively proves that accused had committed rape upon the prosecutrix forcibly. Merely the fact that prosecutrix had again come in the taxi of accused will not dilute the case of the prosecution since she had no other alternative but to come in the same taxi to the Gurudwara in the odd hours. 21. Thus, there is no occasion for this Court to interfere with the well reasoned judgment of the learned trial Court. 22. Accordingly, there is no merit in the present appeal and the same is dismissed, so also the pending applications, if any.