JUDGMENT Chander Bhusan Barowalia, J —The present appeal is maintained by the appellant/accused/convict (hereinafter referred to as "the accused") , laying challenge to judgment dated 28.10.2015, passed by learned Special Judge, Sirmaur, at Nahan, District Sirmaur, H.P., in Sessions Trial No. 48-ST/7 of 2014, whereby the accused was convicted for the commission of offence punishable under Section 376(2) of Indian Penal Code, 1860 (IPC) and Section 6 of The Protection of Children from Sexual Offences ( POCSO ) Act, 2012. 2. The background facts, which gave rise to the prosecution of the accused, can tersely be portrayed as under: On 16.01.2014, at about 01:50 p.m., Smt. Vijay Laxmi informed Police of Police Station, Kala Amb, that at village Khairi an incident of rape took place. Acting upon the information, SI/SHO Inspector Mohar Singh Chauhan alongwith other police personnel reached on the spot. Smt. Sunita Devi (complainant) got her statement recorded under Section 154 Cr.P.C. As per the complainant, her husband used to work in a factory and they have two children, viz., a daughter 10 months old and a son 3 years of age. She has further stated that their family and her mother-in-law, two brothers-in-law and two sisters-in-law live in a rented accommodation of Shri Jaideep. The accused also used to reside in their neighbourhood. When, at about 10:30 a.m., the complainant was washing utensils the accused came to their accommodation and started playing with her daughter (prosecutrix, name with held) and subsequently he took the prosecutrix to his room. After about an hour the accused came back with the prosecutrix and at that time the prosecutrix was crying loudly. The accused disclosed that the prosecutrix fell down with a toy and he returned to his room. The prosecutrix became unconscious and while the complainant was bathing her, she noticed blood stains on her underwear and the blood was oozing from her rectum. The complainant washed blood and the clothes of the prosecutrix. The mother-in-law and sister-inlaw of the complainant also reached and they also saw the condition of the prosecutrix. The complainant had suspicion that the accused might have done something to her daughter. Thus, Smt. Vijay Laxmi, sister-in-law of the complainant, telephonically informed the police. The statement of the complainant, as recorded by the police under Section 154 Cr.P.C., formed basis for registration of the FIR and the investigation ensued. The complainant had suspicion that the accused might have done something to her daughter. Thus, Smt. Vijay Laxmi, sister-in-law of the complainant, telephonically informed the police. The statement of the complainant, as recorded by the police under Section 154 Cr.P.C., formed basis for registration of the FIR and the investigation ensued. The prosecutrix was medically examined and her medico legal certificate was obtained. Pursuant to the statement made by the accused, the place of occurrence was got identified by him. Police prepared the site map. The samples, which were preserved by the Medical Officer, during the medical examination of the prosecutrix, were sent for chemical examination at State Forensic Science Laboratory, Junga. After conclusion of the investigation, challan was presented in the Court. 3. The prosecution, in order to prove its case, examined as many as fifteen witnesses. Statement of the accused was recorded under Section 313 Cr.P.C., wherein he pleaded not guilty. The accused did not lead any evidence in his defence. 4. The learned Trial Court, vide impugned judgment dated 28.10.2015, convicted the accused for the offence punishable under Section 376(2) IPC and sentenced him to undergo rigorous imprisonment for ten years and also to pay fine of Rs. 5000/- (rupees five thousand) . In default of payment of fine the accused was ordered to undergo simple imprisonment for a month. The accused was also convicted under Section 6 of the POCSO Act and sentenced to undergo rigorous imprisonment for ten years and also to pay fine of Rs. 5,000/- (rupees five thousand) and in default of payment of fine he was ordered to undergo simple imprisonment for a month. The sentences were ordered to run concurrently and out of the fine amount Rs. 9,000/- (rupees nine thousand) was ordered to be paid to the prosecutrix under Section 357(1) Cr.P.C. 5. The learned Counsel for the appellant has argued that the learned Trial Court has not appreciated the evidence in its true and correct perspective. He has further argued that there is no evidence against the appellant so he be acquitted and the appeal be allowed. Conversely, the learned Additional Advocate General has argued that the prosecution has proved the guilt of the accused beyond the shadow of reasonable doubt. He has further argued that there is no evidence against the appellant so he be acquitted and the appeal be allowed. Conversely, the learned Additional Advocate General has argued that the prosecution has proved the guilt of the accused beyond the shadow of reasonable doubt. He has argued that when the appellant took the prosecutrix, there was no injury and when she was brought back by him, her anus and rectum were having injuries. The evidence on record proves the guilt of the accused. He has also argued that the medical evidence also establishes the guilt of the accused beyond the shadow of reasonable doubt, so the appeal be dismissed. 6. In rebuttal, the learned Counsel for the appellant has argued that as the learned Trial Court has not been correctly and rightly appreciated the evidence, so the present appeal be allowed and the appellant be acquitted. 7. In order to appreciate the rival contentions of the parties we have gone through the record carefully. 8. Precisely, as per the prosecution story, on the day of occurrence, the accused took the minor prosecutrix to his room. After an hour the accused alongwith the prosecutrix came to the accommodation of the complainant and at that time prosecutrix was weeping loudly. The mother of the prosecutrix (complainant) noticed that blood is oozing from the rectum of her daughter. The complainant suspected that the accused might have done something wrong to her daughter, so the police was informed and a case was registered against the accused. 9. In the above backdrop, the statements of the witnesses of the spot are very important. The complainant, who is mother of the minor prosecutrix, was examined as PW-1. She has deposed that her husband used to work in Knight Queen Factory at village Khairi. They have two children, a son aged 4 years and a daughter aged 1 years. She has further deposed that at the time of the incident, the prosecutrix was aged about ten months. Their family, alongwith other family members, i.e., her mother-in-law, three brothers-in-law and two sisters-in-law used to reside at Khairi in a rented accommodation in the house of one Shri Jaideep. On 16.10.2014, the complainant alongwith the children were at home and all other family members had gone for labour work in the factory. Their family, alongwith other family members, i.e., her mother-in-law, three brothers-in-law and two sisters-in-law used to reside at Khairi in a rented accommodation in the house of one Shri Jaideep. On 16.10.2014, the complainant alongwith the children were at home and all other family members had gone for labour work in the factory. The accused, who is resident of Uttar Pradesh, also used to reside in the neighbourhood and was doing night duty in some factory. On the day of occurrence, at about 10:00 a.m., the accused came and starting playing with the prosecutrix, who was on a cot in the courtyard. The accused asked the complainant to take the prosecutrix to his room and the complainant permitted. This witness has further deposed that the prosecutrix remained with the accused for about an hour and she presumed that he is playing with her. After an hour the accused came with the prosecutrix and the prosecutrix was weeping loudly. As per the version of PW-1, the prosecutrix became unconscious. On asking, the accused divulged that the prosecutrix fell down, while she was playing with toys in his room. PW-1 sprinkled water on the mouth of the prosecutrix and only then she regained consciousness, however, she again started crying. Thus, she called her husband and started bathing the prosecutrix. She noticed that underwear of the prosecutrix was stained with blood, her rectum was having injury and blood was oozing out of it. She washed the underwear and frock of the prosecutrix and also cleaned oozing blood from her rectum. The prosecutrix was still weeping and in the interregnum Smt. Manju Devi (mother-in-law of the complainant) reached there and subsequently Smt. Vijay Laxmi (sister-in-law of the complainant) also reached there. After seeing the condition of the prosecutrix, they all suspected that the accused might have done some unnatural crime with the prosecutrix, so Smt. Vijay Laxmi (PW-2) telephonically informed the police of Police Station Kala Amb. The complainant has further deposed that police came to their room and her statement, Ex. PW-1/A, was recorded under Section 154 Cr.P.C. The police also visited the site of occurrence and her daughter was got medically examined. She gave consent for medical examination and at that time the prosecutrix was ten months old. At that time her husband was also there and she alongwith her husband put their signatures on the medico legal certificate of the prosecutrix. She gave consent for medical examination and at that time the prosecutrix was ten months old. At that time her husband was also there and she alongwith her husband put their signatures on the medico legal certificate of the prosecutrix. She has further deposed that she handed over the clothes of the prosecutrix to the police, which were worn by her at the time of the incident and the same were taken into possession, vide recovery memo, Ex. PW-1/B. This witness, in her re-examination, has deposed that she handed over underwear (Ex. PW-3/8) of the prosecutrix to the Medical Officer. She and her husband also signed recovery memo, Ex. PW1/B. She has further deposed that when the accused took the prosecutrix to his room, Smt. Suman (PW-14) , who used to live nearby, was also present there. This witness, in her crossexamination, has deposed that when the accused brought the prosecutrix back, she was crying and many people crossed from there. She did not divulge the incident to anyone. 10. The statement of PW-1 (mother of the prosecutrix) in isolation cannot be made basis for convicting the accused. So, the testimony of PW-1 is to be seen in juxtaposition with the testimonies of other key witnesses. PW-2, Smt. Vijay Laxmi (sister-in-law) of the complainant, who telephonically informed the police, qua the incident, has deposed that she works in Pritam Shoes Factory at Kala Amb (Khairi) . As per her version, she alongwith her husband, brother, sister-in-law and parents, reside in a rented accommodation at Khairi. On 16.10.2014, at about 01:00 p.m., when she came for lunch she saw the complainant (PW-1) and her mother, Smt. Manju Devi, weeping. The complainant divulged that accused took the prosecutrix to his room and when he brought her back blood was oozing from her private part. As per the testimony of this witness, she had also seen the condition of the prosecutrix, so she telephoned the police. This witness, in her cross-examination, has deposed that family members of their neighbourer were in their home at the relevant time. She has deposed that after the incident, persons of the neighbourhood gathered there. 11. Pw-14, Smt. Suman, is one of the important witnesses, as according to the testimony of PW-1 (complainant) when the accused brought the prosecutrix back, PW-14 was present there. She has deposed that after the incident, persons of the neighbourhood gathered there. 11. Pw-14, Smt. Suman, is one of the important witnesses, as according to the testimony of PW-1 (complainant) when the accused brought the prosecutrix back, PW-14 was present there. PW-14 has deposed that her husband used to work in a factory at Khairi and they reside in a rented accommodation. She has further deposed that the accused had also hired a room in the same building. As per this witness, when PW-1 was washing utensils in her room, the prosecutrix was weeping and despite pacifying her, she did not stop weeping. This witness was declared hostile, as she has resiled from her previous statement. She, in her cross-examination, denied that she divulged to the police that accused took the prosecutrix to his room for playing and when he brought her back, the prosecutrix was weeping. She denied the prosecution story, but she was repeatedly confronted with her version given to the police. 12. In the case in hand, medical evidence is also very relevant. PW-3, Dr. Sana Sandhu, Medical Officer, R.H. Nahan, deposed that on 16.10.2014 police, through application, Ex. PW3/A, requested her to conduct medical examination of the prosecutrix. She medically examined the prosecutrix and made following observations: "1. Alleged history of child was taken by someone (neighbour) today morning at about 10.00 a.m., as per history given by mother. When she brought back home, the child was crying loudly. After that the child slept at about 11:00 a.m. Mother took the child for bath. While giving her bath, mother noticed blood stained clothes and swelling around anul region, on which, they reported the matter to police. 2. Alleged history of sodomy at around 10.00 a.m. Clothings have been changed. Mother has washed blood stained clothes as per history given by mother. Clothings at time of examination has been sealed with the seal of hospital. Short light green coloured underwear having blood stains. I also drew the sample seal... 3. On examination, per abdomen, no injury found. PER VAGINA No injury found. PER RECTUM Call was sent to surgeon as per examination rectly multiple parianal lacerations present. Blood oozing was present around lacerations. Discharge was seen. Slides were made and sample slides sealed. During examination, flatus was passed. Anul tone decreased. As per the opinion of surgeon in red encircle in MLC Ext. PER VAGINA No injury found. PER RECTUM Call was sent to surgeon as per examination rectly multiple parianal lacerations present. Blood oozing was present around lacerations. Discharge was seen. Slides were made and sample slides sealed. During examination, flatus was passed. Anul tone decreased. As per the opinion of surgeon in red encircle in MLC Ext. PW-3/B and the gynaechological opinion on the MLC and as per FSL report Ext. PW-3/C, I gave my final opinion as under: As per report of chemical analysis, my final opinion is that there was evidence of recent anul penetration .." This witness has further deposed that she issued Medico Legal certificate, Ex. PW-3/B. As per the version of this witness, injuries in rectum of the prosecutrix can be possible by entering of male private part. One injury around the anal region was grievous in nature and the probable duration of injury was opined to be 6-7 hours. This witness, in her cross-examination, has deposed that injury in the rectum could be caused if a child falls on pebbles or on concrete. She did not notice any internal injury on the rectum at the time of examination. This witness, in her re-examination, has deposed that on 16.10.2014, she has preserved rectum slide and vaginal slide of the prosecutrix and she put the same in a cloth parcel, which was sealed with seal having impression RH Nahan. She handed over the sealed parcel to the police. She identified the cloth parcel, rectum slide and the vaginal slide, which are Ex. PW3/3, Ex. PW-3/2 and Ex. PW-3/4, respectively. She has further deposed in her re-examination that she took blood sample of the prosecutrix and preserved the same in a vial and sealed the same in a cloth parcel, having two seals of impression RH Nahan. She identified the above case property in the Court. This witness has also preserved the underwear of the prosecutrix and sealed the same in a cloth parcel, which was sealed with two seals, having impression RH Nahan. She has also identified the parcel and the underwear in the Court. 13. Pw-4, Dr. Shahida Mubarak Ali, deposed that on 17.10.2014 the prosecutrix was brought before him and he referred her to Gynaechologist, qua the injuries on her private parts. He, after examination, has observed as under: "1. Labia minora, labia majora not well developed. On parinial area redness was found. 13. Pw-4, Dr. Shahida Mubarak Ali, deposed that on 17.10.2014 the prosecutrix was brought before him and he referred her to Gynaechologist, qua the injuries on her private parts. He, after examination, has observed as under: "1. Labia minora, labia majora not well developed. On parinial area redness was found. Tenderness found and hymen was found intact. 2. Parinial area was red and tender, anul orifice admits one finger easily. Fecal matter was coming out, anul orifice was conjested and tender. No bleeding per vaginal and per rectum present at the time of examination." As per this witness swab was taken by lady doctor and smear was found sealed, which he handed over to the police. In his opinion, the injury, Ex. PW-4/A, as mentioned in MLC, Ex. PW-3/A, could be possible with some thick object. This witness, in his crossexamination, has deposed that there is remote possibility of injuries being caused with pebbles in the rectum, however, the injuries could be caused by a wooden stick. He denied the suggestion that such type of injury could be caused due to constipation. 14. Pw-5, Dr. Manjit Singh Kanwar, deposed that on 16.10.2014 police moved application, Ex. PW-5/A, for conducting medical examination of the accused. He conducted the medical examination of the accused and found him capable of performing sexual intercourse. He preserved the underwear of the accused, which was sealed with seal having impression RH Nahan, and also took his blood sample for DNA analysis. This witness has also sealed pubic hair and swab from the glans of penis of the accused, which he handed over to the police. He issued MLC, Ex. PW-5/B. He has identified in the Court underwear of the accused, which is Ex. PW-5/2, vial containing pubic hair, Ex. PW-5/4 and vial containing glans swab, Ex. PW-5/5. 15. Pw-6, Shri Raju, deposed that in the year 2014 he used to work in Amba Enterprises at Kala Amb and he had accommodation near the house of one Rajesh Kumar. On 16.10.2014, at about 12:30 p.m., many people had gathered there, so he came out and found PW-1 crying. He came to know that the accused committed bad act with the prosecutrix. As per the testimony of this witness, he remained associated in the investigation of the police and the accused disclosed that he could identify the place where he had done bad act with the prosecutrix. He came to know that the accused committed bad act with the prosecutrix. As per the testimony of this witness, he remained associated in the investigation of the police and the accused disclosed that he could identify the place where he had done bad act with the prosecutrix. The statement of the accused to this effect Ex. PW-6/A, was prepared, which bears his signatures, was prepared. Subsequently, the accused led them to his room and showed the place of occurrence and to this effect identification memo is Ex. PW-6/B, which also bears his signatures. He has further deposed that police took into possession a white and pink colour frock and underwear of the prosecutrix, which were put in a cloth parcel and sealed. The parcel was taken into possession vide seizure memo, Ex. PW-1/B, which also bears his signatures. This witness was cross-examined at length, but nothing favourable to the accused could be elicited. 16. Now, the statements of the official prosecution witnesses is to be looked into. PW-7, Constable Singh, brought rapat No. 17, dated 16.10.2014, copy of which is Ex. PW-7/A. PW-8, HC Deep Chand, deposed that on 16.10.2014 SI/SHO Mohar Singh sent rukka, through constable Bhupender Singh, to Police Station Kala Amb. On the basis of rukka, FIR, Ex. PW-79/14, was registered and qua this an endorsement was also made on the rukka, which is Ex. PW-8/B. As per this witness, FIR and endorsement made on the rukka, bear his signatures. On the same day, SI/SHO Mohar Singh deposited with him a sealed parcel and a sample seal and he made an entry in register No. 19 at Sr. No. 138. He has further deposed that on the same day, Lady Constable Neha, deposited four cloth parcels, which were sealed and having seal impressions RH Nahan, alongwith a sample seal. He made requisite entries in register No. 19 at Sr. No. 139. Constable Dinesh Kumar also deposited with him four parcels, which were sealed with seal impression RH Nahan, alongwith sample seal. He has deposed that after deposit of the said case property in the malkhana, he made an entry to this effect in register No. 19 at Sr. No. 140, extract of malkhana register is Ex. PW-8/C. This witness was cross-examined, but nothing favourable to the accused came out. He has deposed that after deposit of the said case property in the malkhana, he made an entry to this effect in register No. 19 at Sr. No. 140, extract of malkhana register is Ex. PW-8/C. This witness was cross-examined, but nothing favourable to the accused came out. PW-9, Shri Ehsaan Ahmed, Clerk, M.C. Nahan, deposed that on 10.12.2014, on the request of police, through docket, Ex. PW-9/A, he issued date of birth certificate of the prosecutrix. As per the record, the date of birth of the prosecutrix is 25.09.2013 and to this effect an entry has been made in birth register of committee at Sr. No. 1079 on 27.09.2013. Date of birth certificate is Ex. PW-9/B, which bears the signatures of E.O., encircled in red. He has identified the signatures of E.O.. 17. Pw-10, HC Mam Raj, brought the original record of malkhana register No. 19 and road certificate No. 21. As per the deposition of this witness, on 20.10.2014 case property, i.e., a parcel, which was sealed with seal impression ''T'', containing clothes of the prosecutrix, another parcel containing vaginal slides of the prosecutrix, which was having seal of RH Nahan, another parcel containing rectum slides, parcel containing clothes, which were worn by the prosecutrix at the time of her medical examination and a parcel containing blood samples with blood bandage for DNA, was deposited in malkhana and entry to this effect was made at Sr. Nos. 138 to 140. As per the testimony of this witness, all the above parcels were sealed with seal RH Nahan and there was a sample seal also. On the same day he was also handed over a sealed parcel, having seal RH Nahan, which contained underwear and clothes of the accused and alongwith the same two more parcels, having seal RH Nahan were handed over to him, which contained pubic hair and blood sample of the accused for DNA. He, vide RC No. 91/14, dated 20.10.2014, handed over all the above parcels to HHC Sharafat Ali (PW-11) for depositing the same in Forensic Science Laboratory and copy of RC is Ex. PW-10/A. The case property remained intact under his custody. Again, the accused could not fetch any benefit in his favour by cross-examining this witness. PW-11, HHC Sharafat Ali, deposed that on 20.10.2014, vide RC No. 91/14, Ex. PW-10/A, MHC Mam Raj (PW-10) handed over the case property to him. PW-10/A. The case property remained intact under his custody. Again, the accused could not fetch any benefit in his favour by cross-examining this witness. PW-11, HHC Sharafat Ali, deposed that on 20.10.2014, vide RC No. 91/14, Ex. PW-10/A, MHC Mam Raj (PW-10) handed over the case property to him. He, on the same day, deposited the case property, i.e., eight parcels, samples seals of T and RH Nahan, in Forensic Science Laboratory and receipt to this effect is Ex. PW-10/B. He, on his return, handed over the receipt to MHC, Police Station Kala Amb, on the subsequent day. As per the version of this witness, the case property remained intact under his custody. 18. Pw-12, Constable Dinesh Kumar, deposed that on 16.10.2014 he obtained MLC of the accused. As per the version of this witness, M.O. R.H. Nahan has handed over to him a parcel, which was sealed with seal having impression RH Nahan. The said parcel contained clothes, underwear, pubic hair and blood sample of the accused. He deposited the said parcel and sample seal with MHC, Police Station, Kala Amb. He handed over the MLC to I.O., SI/SHO Mohar Singh. The case property remained intact under his custody. PW-13, Lady Constable Neha, deposed that on 16.10.2014 she obtained the MLC of the prosecutrix and Medical Officer handed over to her five parcels, containing vaginal slides, rectum slides, shirt and underwear, blood sample, undergarments of the prosecutrix. The parcel was sealed with seal having impression RH Nahan. She deposited the parcels with MHC, Police Station, Kala Amb and the MLC was handed over to I.O./SHO Mohar Singh. The case property remained intact under her custody. 19. The last witness in the line of official prosecution witnesses is PW-15, Inspector Mohar Singh Chauhan (Investigating Officer) deposed that on 16.10.2014 Smt. Vijay Laxmi (PW-2) telephoned the police and informed about the incident. He recorded the statement of Smt. Sunita (complainant) under Section 154 Cr.P.C., which is Ex. PW-1/A. Subsequently, rukka was sent to Police Station whereupon FIR was registered. He moved application, Ex. PW-3/A, for conducting medical examination of the prosecutrix and her MLC, Ex. PW-3/B, was obtained. As per the testimony of this witness, he also recorded the statements of the witnesses under Section 161 Cr.P.C. The statement of Smt. Sunita is Ex. PW-15/A. He prepared the spot map, which is Ex. He moved application, Ex. PW-3/A, for conducting medical examination of the prosecutrix and her MLC, Ex. PW-3/B, was obtained. As per the testimony of this witness, he also recorded the statements of the witnesses under Section 161 Cr.P.C. The statement of Smt. Sunita is Ex. PW-15/A. He prepared the spot map, which is Ex. PW-15/B. On the same day, Smt. Sunita produced frock, which was white and pink in colour, and an underwear, which was blue in colour, the same were taken into possession vide recovery memo, Ex. PW-1/B. He arrested the accused and vide application, Ex. PW-5/A, his medical examination was conducted. MLC, Ex. PW-5/B, of the accused was obtained. The accused got his statement recorded that he can identify the place where he committed sexual intercourse with the prosecutrix and to this effect his statement is Ex. PW-6/A. Thus, the police party visited the place and demarcated the place vide memo, Ex. 6/B, in presence of the witnesses. He also prepared the spot map, Ex. PW-15/D, and during the course of interrogation the accused also confessed that he had committed sexual intercourse with the prosecutrix. The date of birth certificate of the prosecutrix was also obtained, which is Ex. PW-9/B. He completed all the investigation and after that presented the challan in the Court. This witness, in his cross-examination, has deposed that there are 10-12 rooms adjoining to the room of the accused. He, during the course of investigation, visited twice the place of occurrence. The room of witness Smt. Suman (PW-14) was adjacent to the room of the accused. 20. The above evidence unambiguously establishes that on the day of occurrence, i.e., 16.10.2014, the prosecutrix was playing on a cot, which was kept outside the room and her mother (PW-1) was working inside. The evidence also clearly establishes that the accused used to reside in a nearby room and was in talking terms with the family of the prosecutrix. The complainant allowed the accused to take the prosecutrix, who was less than a year old, and when he brought her back after an hour the prosecutrix was bleeding and virtually fell unconscious. In the wake of the above evidence, there is nothing unusual in allowing the accused by the complainant to take the prosecutrix to his room, as the accused was not a stranger, rather he was well known to the complainant. In the wake of the above evidence, there is nothing unusual in allowing the accused by the complainant to take the prosecutrix to his room, as the accused was not a stranger, rather he was well known to the complainant. It also stands proved that in Kala Amb area there are many factories and labourers from other States used to live in rented accommodations. Admittedly, the family of the prosecutrix and the accused used to work in the factories and they lived in the rented accommodation. PW-1, Smt. Sunita (complainant) clearly deposed that accused is working in a factory and does night duty and he was present in his room. PW-1 has further deposed that while she was cleaning utensils, the prosecutrix was playing on a cot and when the accused brought the prosecutrix back, she was crying loudly. So, the presence of accused stands fully proved. 21. The defence has given a suggestion to the doctors that the injury sustained by the prosecutrix in the rectum could be by fall on pebbles or on hard surface or wooden object like stick etc., but had the prosecutrix sustained injuries in such manner, then the accused could have told this immediately to PW-1, Smt. Sunita (mother of the prosecutrix) . So, the reaction of the accused is very important and has to be observed carefully. The accused did not tell anybody about the injuries and left the prosecutrix with PW-1. He also went away and subsequently PW-1 and other relatives of the prosecutrix noticed the injuries. 22. Medical evidence clearly establishes that there was no injury in the vagina of the prosecutrix. As per the testimony of PW3, Dr. Dana Sandhu, there was multiple parianal lacerations present in the rectum and blood was oozing. She has finally opined, after gynecological opinion, that there was evidence of recent anal penetration. She has further deposed that there was one injury with multiple lacerations around the anal region on the person of prosecutrix, which was grievous in nature. She has deposed that the said injury on the rectum is possible by entering of male private part. So, it can be safely said that forcible penetration was made through anus. This is also fortified by the statement of the Doctor Sana Sandhu (PW-3) . The accused also tried to establish that such injuries in the rectum could be possible due to constipation, but PW4, Dr. So, it can be safely said that forcible penetration was made through anus. This is also fortified by the statement of the Doctor Sana Sandhu (PW-3) . The accused also tried to establish that such injuries in the rectum could be possible due to constipation, but PW4, Dr. Shahida Mubarak Ali, denied that such injury could be the result of constipation. PW-4 has clearly stated that due to constipation there could be abrasion and anal sphincter will remain intact, but in the case in hand the anal sphincter was injured. Thus, it cannot, by any stretch of imagination said that injuries sustained by the prosecutrix were due to constipation. Although, the doctor has admitted that such injury could be caused by wooden object like stick. If that was the case then also when the accused took the prosecutrix she did not have any such injury and when he brought her back she was crying loudly and having injury on her rectum, so the onus to explain how the prosecutrix sustained such injury was on the accused. It is for him to establish that the prosecutrix sustained injury by falling on pebbles or on concrete or wooden object like stick. The evidence nowhere suggests that injury was caused by a wooden stick. The onus to prove the fact that the prosecutrix sustained injury in her rectum due to wooden stick is on the accused and he has failed to prove the same. The medical evidence when read in conjunction with the statement of PW-1, it unambiguously establishes that the accused took the prosecutrix to his room and subjected her to forcible penetrative sexual assault. It also stands established that he committed the carnal intercourse against the order of nature. 23. The offence committed by the accused is covered under Section 375(A) IPC and he can also be held guilty under Section 376(2) IPC for committing rape upon the minor prosecutrix, as in the case in hand the accused penetrated his penis into the rectum through the anus. The rectum is a part of elementary canal. The rectum is a continuation of the sigmoid colon, and connects to the anus. It is a section of the digestive tract above the anus, where stool is held before it passes out of the body through the anus. The rectum is a part of elementary canal. The rectum is a continuation of the sigmoid colon, and connects to the anus. It is a section of the digestive tract above the anus, where stool is held before it passes out of the body through the anus. Thus, the accused had committed aggravated penetrative sexual assault on the minor prosecutrix, who, at the time of the occurrence, was only 10 months old. 24. In view of what has been discussed hereinabove, the only conclusion is that the learned Trial Court has rightly appreciated the evidence to its true and correct perspective and rightly convicted the accused. We find no reason to reverse the findings rendered by the learned Trial Court. The appeal, which sans merits, deserves dismissal and is accordingly dismissed, as the prosecution has proved the guilt of the accused conclusively and beyond the shadow of reasonable doubt. 25. In view of the above, the appeal, so also pending application(s) , if any, stand(s) disposed of. 26. Copy of this judgment be sent to the convict, who is lodged in Model Central Jail, Nahan.