JUDGMENT : J.B.PARDIWALA, J. 1. This appeal is at the instance of a convict-accused of the offence of rape punishable under Section 376 of the IPC and is directed against the judgment and order passed by the Addl. Sessions Judge, Fast Track Court No.1, Ahmedabad City dated 27th October, 2010 in the Sessions Case No.42 of 2010, by which, the Trial Court held the appellant guilty of the offence punishable under Section 376 of the IPC and sentenced him to undergo life imprisonment with fine of Rs.5,000/-, and in default of the payment of the amount of fine, to undergo further 50 days of simple imprisonment. 2. The facts of this case are quite disturbing. The case of the prosecution is that the appellant committed the offence, as alleged, upon his own daughter, who at the relevant point of time, was around 16 years of age. It all started with an FIR lodged by the victim, Exh.13 dated 30th April, 2009 before the Amraiwadi Police Station, Ahmedabad City. The first information report reads thus; “My name is Sneha D/o Bharatsinh, caste- Rathod, age- 15 years, occupation housework(sewing), residing at Jayanti Vakil's Chawl, Khokhara, Amaraivadi, Ahmedabad City. I dictate and declare the facts of my complaint in person that, I reside at the aforesaid address with my father, my mother Rekhaben and my younger brother namely Arjun. My father is doing electric work. Our other house is at Sakarsing Mukhi's Chawl, near Jain Cross Roads, Maninagar. We go to this house at eight o'clock in the morning and there I do the work of clothes sewing and repairing. My mother does housework. We come at our house at Jayanti Vakil's Chawl in Khokhara at night and after finishing our dinner, we go to sleep. Around twenty days ago from today, I stayed at our house in Maninagar and my mother and father returned to our house at Khokhara. As I was alone and I got hungry, I went to the main crossroads, ahead of the Jain Crossroads to bring snacks. A boy named Mitesh who resides in our Chawl met me on the way and he asked me to have speaking terms with him. I told him that, "I will let you know after pondering over it". Thereafter, I returned to my house after purchasing snacks and went to sleep. A boy named Mitesh who resides in our Chawl met me on the way and he asked me to have speaking terms with him. I told him that, "I will let you know after pondering over it". Thereafter, I returned to my house after purchasing snacks and went to sleep. On the next day, my parents came and immediately asked me as to where you went in the night. I replied that, I went to bring snacks. To that my father replied, "If you wanted to meet Mitesh, you should have called me on the phone to come, I would have gone and meet him" and then he beat me. On the next day, I went alone to my aunt's house at Somnath Society, Mahadevnagar and stayed with her. As my uncle Bhavansing and aunt Vinaben came to take me back, I returned to Khokhara with them and as my aunt came to take me back, I went with my aunt to Mahadevnagar. On 27/04/2009, at half past ten in the morning, my aunt left me at our house at Maninagar and from there, I came to our house at Khokhara and went to sleep after finishing my dinner. On 28/04/2009, we went to our house in Maninagar in the morning and returned to the house at Jayanti Vakil's Chawl in Khokhara at six o'clock. I went to sleep after finishing my dinner at eight o'clock. I was sleeping on the bed and my parents were sleeping on the floor and my brother went to my aunt's place. At nine o'clock in the night, my father asked me to come down and sleep on the floor. He asked me to remove my clothes. To that, I denied to do so. Therefore, my father slapped me on my head asking me to remove my clothes and made me remove my clothes. My father committed rape on me forcefully in the bed and my mother told nothing. Thereafter, I slept in the same condition. I woke up late in the night and worn my clothes. On 28/04/2009, after getting fresh in the morning, we went to the house at Maninagar. We returned to the house at Jayanti vakil ni chawl, Khokhra in the evening. After taking dinner, I had slept at about eight o’clock. I was asleep on the bed and my parents were sleeping on floor. On 28/04/2009, after getting fresh in the morning, we went to the house at Maninagar. We returned to the house at Jayanti vakil ni chawl, Khokhra in the evening. After taking dinner, I had slept at about eight o’clock. I was asleep on the bed and my parents were sleeping on floor. At about ten o’clock in the night, my father woke me up and told me to undress. As I refused to take off my clothes, my father forcefully made me take off my clothes. My mother woke up this time and I told her what was happening. She told me that you have such character. She agreed to my father telling him ‘as you say’. This time I started shouting. My mother got up, held my hair and gagged me on the bed. My father committed rape on me. I could not say anything. After this act, my parents slept in the house. Thereafter, I got up from the bed and put on my clothes. I do not know what time of the night it was. I slowly opened the gate, got out of the house and came on the road. I saw an uncle of my chawl there. He asked me where I was going. I told him that I wanted to go to police station. He told me to go in the morning and went to call my parents. Hence, I started running. At this time, an old person came in a rickshaw near Jhagadia bridge and stopped there. He asked me beta, where do you want to go. I told him that I wanted to go to police station, I do not have money. He told me to get in the rickshaw. I got into the rickshaw. He took me to Maninagar police station. The police interrogated me there. Hence, I told them the aforementioned details. Thereafter, they brought me to Amraiwadi police station. On 27/04/2009, when I came from my maternal aunt’s house to my father’s house, he had threatened me that if you step outside this house or go to anyone’s house, I will kill you, chop you into pieces and eat after frying in oil. My name is Sneha but everyone calls me Dimple. On 27/04/2009, my father threatened me that if you step outside this house, I will kill you, chop you into pieces and eat after frying in oil. My name is Sneha but everyone calls me Dimple. On 27/04/2009, my father threatened me that if you step outside this house, I will kill you, chop you into pieces and eat after frying in oil. On 28/04/2009, at about 9 pm, my father committed rape on me against my will in our house at Jayanti vakil ni chali, khokhra. On 29/04/2009, at about 10 pm, my father forcefully made me take off my clothes, when I told my mother the facts, She told me that you have such character. She agreed to my father in this act. When I started shouting, my mother got up, held my hair and gagged me. My father committed rape on me against my will. It is my legal complaint to take legal action against my father and mother. My witnesses are whomsoever found in the investigation. The above dictated complaint is true and correct.” 3. On registration of the first information report, the investigation had commenced. The Investigating Officer collected the clothes of the victim by drawing a Panchnama, Exh.9. The Investigating Officer also collected the clothes of the accused by drawing a Panchnama, Exh.15. The Panchnama of the place of occurrence was drawn vide Exh.19. The victim was sent for medical examination and the medical certificate issued by the doctor has been produced vide Exh.23. The accused was also subjected to medical examination and his medical certificate is at Exh.25. The report of the FSL is at Exh.38. The serological test report is at Exh.42. 4. We take notice of the fact that along with the appellant, his wife was also arraigned as an accused and was put on trial. However, the wife of the appellant herein, who also happens to be the mother of the victim, came to be acquitted of all the charges. 5. At the end of the investigation, police filed the charge-sheet in the court of the Metropolitan Magistrate, Court No.7, Ahmedabad. As the offence was exclusively triable by the Sessions Court, the same came to be committed to the Court of Sessions under Section 209 of the IPC. The committal culminated in the Sessions Case No.42 of 2010, and the same came to be registered in the Fast Track Court No.1, City Sessions Court, Ahmedabad. 6. As the offence was exclusively triable by the Sessions Court, the same came to be committed to the Court of Sessions under Section 209 of the IPC. The committal culminated in the Sessions Case No.42 of 2010, and the same came to be registered in the Fast Track Court No.1, City Sessions Court, Ahmedabad. 6. On 9th April, 2010, charge came to be framed vide Exh.4 against the accused persons which reads thus; “:: Charge :: I, the undersigned P.A. Vaghela, Additional Sessions Judge, Fast Track Court No -1, Ahmedabad city, frame the following charge against you the accused. On 27/04/09, the accused no – 1 Bharatsinh Anupsinh Rathod gave criminal intimidation to the complainant Sneha, who resides at Jayanti Vakilni Chali, Khokhra, Amraiwadi who happened to be the daughter of the accused persons, that “ if you step out of the house, I will kill you”, and thereafter, though you accused no – 1 was knowing the fact that the said complainant lady is minor, you forcefully committed rape at around 9:00 in night on 28/04/09 in presence of the accused no – 2 Rekhaben Bharatsinh Rathod. Further, when you the accused no – 1 forced the complainant at around 10:00 o'clock in the night on 29/04/09, you accused no – 2 woke up, and therefore, when the complainant informed you accused no – 2, you told her that “you do have such characteristics”, and thereby, you accused no - 2 provoked accused no -1 to do it. When the complainant began to shout, you accused no – 2 held her by her hair and gagged her mouth and you accused no – 1 committed rape on her. In this manner, you the accused in collusion, have beaten and threatened to kill the complainant, and thereby, you have committed a punishable offence under section 323, 506(2), 376 read with section 114 of IPC within the jurisdiction of this court. I hereby pass an order to conduct the proceeding against you in this regard before this court.” 7. The accused persons pleaded not guilty to the aforesaid charge and claimed to be tried. 8. The prosecution examined the following witnesses; Sr. No. Exhibit Name Designation 1. 8 Vikrambhai Nanjibhai Raval Panch as regards the cloths of the complainant. 2. 10 Bhupatbhai Shivabhai Rathod Panch as regards the cloths of the complainant. 3. 12 Victim - 4. The accused persons pleaded not guilty to the aforesaid charge and claimed to be tried. 8. The prosecution examined the following witnesses; Sr. No. Exhibit Name Designation 1. 8 Vikrambhai Nanjibhai Raval Panch as regards the cloths of the complainant. 2. 10 Bhupatbhai Shivabhai Rathod Panch as regards the cloths of the complainant. 3. 12 Victim - 4. 14 Ramsing Indrasing Rajput Panch as regards the cloths of the complainant. 5. 17 Narendra Ramchandra Panchal Panch as regards the cloths of the complainant. 6. 18 Sanjaybhai Chimansinh Rathod Panch of the place of occurrence. 7. 20 Rajeshbhai Babubhai Thakkar Panch of the place of occurrence. 8. 22 Dr. Reenaben Kaushikbhai Chowkshi Medical Officer who has examined the victim. 9. 24 Dr. Deepak Shantilal Mehta Medical Officer who has examined the accused. 10. 26 Bhupatbhai Shivabhai Rathod Panch as regards the cloths of the complainant. 11. 28 Krinaben Pravinchandra Pandya Principal of the school 12. 32 Vikram Nanjibhai Raval Panch as regards the cloths of the complainant. 13. 34 Becharbhai Raychandbhai Patel Investigating Officer 14. 36 Kantibhai Khatubhai Parmar Investigating Officer. 9. The prosecution also led the following pieces of the documentary evidence; Sr. No. Exhibit Detail 1. 9 Panchnama as regards the collection of the cloths of the victim. 2. 13 Original complaint 3. 15 Panchnama as regards the collection of the cloth of the accused No.1 4. 19 Panchnama of the place of occurrence. 5. 23 Medical Certificate of the victim. 6. 25 Medical certificate of the accused No.1 7. 27 Panchnama as regards the collection of the cloths of the accused. 8. 30 Birth certificate of the victim obtained from the school. 9. 37 Report of the In-charge officer. 10 38 Letter written to the officer of the FSL to examine the place of occurrence and its report.q 11. 39 Entry as regards sending of Muddamal 12. 40 Receipt of the FSL 13. 41 Opinion of the FSL 14. 42 Serological report of the FSL. 10. On conclusion of the Trial, the Trial Court recorded the statement of the accused under Section 313 of the Cr.P.C. The accused claimed to be innocent. The accused stated the following before the Trial Court in his 313 statement. 40 Receipt of the FSL 13. 41 Opinion of the FSL 14. 42 Serological report of the FSL. 10. On conclusion of the Trial, the Trial Court recorded the statement of the accused under Section 313 of the Cr.P.C. The accused claimed to be innocent. The accused stated the following before the Trial Court in his 313 statement. We quote “the character of my daughter was bad and for such reason I used to beat her time and again and that is the reason why she lodged a false complaint against me. I have not stated anything in the history as recorded by the doctor in the medical certificate. I have no idea who has given such a history. A false case has been instituted against me.” 11. The Trial Court, upon appreciation of the oral as well as the documentary evidence on record, ultimately, held the accused guilty of the offence punishable under Section 376 of the IPC and sentenced him to undergo life imprisonment. 12. Being dissatisfied with the judgment and order of conviction and sentence passed by the Trial Court, the convict is here before this Court with the present appeal. 13. Mr. P.S. Oza, the learned counsel appearing for the appellant-convict vehemently submitted that the Trial Court committed a serious error in holding his client guilty of a serious offence like rape. Mr. Oza would submit that the case on hand is very unfortunate and disturbing because the daughter has alleged that her own father assaulted her sexually. Mr. Oza would submit that the oral evidence of the victim, Exh.12, does not inspire any confidence. On the contrary, the victim has, in no uncertain terms, admitted that she was in a relationship with a local don, namely, Kallu Tomar of Amraiwadi area, situated in the city of Ahmedabad. Mr. Oza would submit that the victim, in her evidence, has admitted being in a physical relationship with Kallu Tomar since a long period of time. Mr. Oza invited our attention to para-8 of the deposition of the victim, in which, the victim has admitted or rather has stated that the first information report lodged by her, Exh.13, is false and the same was at the instance of Kallu. 14. Mr. Oza would submit that an innocent man, who has lost everything in his life for no fault on his part, is in jail since past eight years. 14. Mr. Oza would submit that an innocent man, who has lost everything in his life for no fault on his part, is in jail since past eight years. In such circumstances, referred to above, Mr. Oza prays that there being merit in his appeal, the same may be allowed and his client may be acquitted of the charge. 15. On the other hand, this appeal has been vehemently opposed by Ms. Jirga Jhaveri, the learned APP appearing for the State. According to Ms. Jhaveri, no error, not to speak of any error of law, could be said to have been committed by the Trial Court in holding the appellant guilty of the offence of rape. The learned APP would submit that the Trial Court, upon proper appreciation and evaluation of the evidence, oral as well as the documentary, has rightly come to the conclusion that the accused is guilty of the offence. The learned APP would submit that although there is lot of inconsistency in what has been stated by the victim in her first information report with that of her oral evidence, yet there is no good reason to disbelieve the victim. The learned APP would submit that there is an incriminating admission on the part of the accused in the form of history before the doctor as recorded in the medical certificate. In such circumstances, referred to above, the learned APP prays that there being no merit in this appeal, the same may be dismissed. 16. Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only question that falls for our consideration is whether the Trial Court committed any error in holding the accused guilty of the offence of rape upon his own daughter. 17. As the entire conviction is based on the oral evidence of the victim, we should look into the same closely. We deem fit to incorporate the entire oral evidence of the victim in this judgment. “Sessions Case No : 42/2019 Exhibit – 12 Deposition of the Prosecution Witness No. 3 I do hereby on solemn affirmation state that My Name Sneha Father's Name Bharatbhai Rathod Religion Age about 17 years Occupation Sewing Class Residence Nari Gruh, Ahmedabad District Examination-in-Chief by Ld. P.P. Shri Varshaben Rao. “Sessions Case No : 42/2019 Exhibit – 12 Deposition of the Prosecution Witness No. 3 I do hereby on solemn affirmation state that My Name Sneha Father's Name Bharatbhai Rathod Religion Age about 17 years Occupation Sewing Class Residence Nari Gruh, Ahmedabad District Examination-in-Chief by Ld. P.P. Shri Varshaben Rao. Administered the Oath :- (1) At the time of occurrence of incident, I was residing at Vakil's Chawl, near Madrasi Mandir, Khokhra, Ahmedabad. Before the incident took place, I went to meet a boy in Amraiwadi named Kallu Tomar, in the year 2009 on 28th. I do not recollect the month. He is like a ruffian of Amraiwadi and is my lover and also at that time he was. I went to meet him at 10 O'clock in the evening. I stayed with him for the whole night till 4:00 O'clock of early morning. At that time, at 1:30 am my friend stated me to lodge a complaint in the police station against my parent. Therefore, I went to the Maninagar Police Station in the rickshaw with Kallu. Kallu made me consume liquor in the night. I had lodged complaint against my parents going to the police station. I had dictated in the complaint that my father has committed evil act with me. I have dictated against my mother in the complaint that my mother had caught my hair. But my mother and father were unknown about this fact. Thereafter, one lady Police Constable took me to Civil Hospital on 30th date. I stated facts of the incident. My father had committed evil act with me. I was examined in the Civil Hospital. I was kept there for two days. I went to Vadi Police Station, Ahmedabad from Civil Hospital. Meaning that the Policemen brought me. I had produced my cloths in the police station. If cloths are shown to me, I can identify them. I am shown Muddamal article No.1 to 4 in sealed condition in Muddamal article No.1 to 4. On looking them, I state that these cloths are 1. blue coloured Kurta, 2. blue coloured Payzama, 3. a white bra having red and Mahendi coloured design and one elastic penty of Mahendi colour. I had produced said cloths in the police station. They are the same. Thereafter, I was inquired in the police station as to where I wanted to go. blue coloured Kurta, 2. blue coloured Payzama, 3. a white bra having red and Mahendi coloured design and one elastic penty of Mahendi colour. I had produced said cloths in the police station. They are the same. Thereafter, I was inquired in the police station as to where I wanted to go. At that time, as my elder uncle, Bhavanising had denied to take me home, I was sent to Woman Protection Centre. I had shown my house to policemen as, Near Madrasi Mandir, Vakil's Chawl. On 28th date, the boy whose name is mentioned ahead and I were in my house in the night. When I was taken by police, two-three nearby persons from my Chawl were present there. Police had seized covers of mattresses, covers of pillow and other things. If I am shown these things, I can identify them. I am shown Muddamal No. 5 and 6 and 7 which are in sealed condition, I am shown Muddamal article No.5. Looking to it, I state that it is a cover of mattress in green colour having white stains, it is the same. I am shown Muddamal article no.6 which is a quilt having green coloured design, it is the same. This Muddamal is seized in my presence. I have dictated in my complaint that my elder uncle, my uncle, my maternal uncle and my father had beaten me. I had dictated such in my complaint that I was beaten because I had gone to meet my lover. I myself have lodged this complaint. I have passed standard 9. I can read and write. I am shown Mark-7/1. On showing me complainant's signature, the complainant herself wants to read her complaint. There are my two signatures. I state on reading the complaint that the fact therein is false. Note:- The Public Prosecutor, accused person's Advocate Shri Ansari are present in the Court room since recording of evidence of the aforesaid witness started in camera. The accused persons are sitting in the next row. The complainant states this fact crying with tears in the eyes. At this stage, further examination-in-chief is adjourned due to recess. Note:- As recess time is over, further cross-examination by the A.P.P. is started. (2) Police inquired me again after I filed the complaint. I got medical report done two days after filing the complaint and went to the police station. At this stage, further examination-in-chief is adjourned due to recess. Note:- As recess time is over, further cross-examination by the A.P.P. is started. (2) Police inquired me again after I filed the complaint. I got medical report done two days after filing the complaint and went to the police station. Thereafter, police recorded my statement. At the police station, I dictated that, I went to meet a boy named Kallu and therefore, my uncle, elder uncle and my maternal uncle were beating me. I did not dictate anything else in my statement. I was 15 years old at the time of the incident. I filed complaint at the police station. I am being shown mark-7/1. By looking at it, I state that signatures put at the margin space in page number two and at the end of the complaint are my signatures. I was studying in Meghdut Vidyavihhar. The accused is present in the court. I identify him. Examination-in-chief is completed. Cross-examination -By Ld. Adv. Shri A. S. Patel for the accused Note taken by the court:- At this stage, before cross-examination starts, the witness murmured that, I will speak only after the case is over and therefore, the court questioned her. She said that, I do not want to state anything in front of everybody, I want my parents to be released and I want to say, whatever I say, in camera. Therefore, the Ld. Advocate, the A.P.P., advocate for the defence and the accused, all were instructed to go outside. I want to say that, my mother does not know anything in this matter. Kallu Tomar was present at my house on the day of the incident. My brother had gone to house of my maternal aunt on the day of the incident. Kallu Tomar and my father both were present at my house. At first, Kallu committed an evil act with me. At that time, my father said that, this girl has bad character. My father and other persons beat me before 20 days. Thereafter, my father also committed an evil act with me. My father committed an evil act with me on 28th day of the month. He committed an evil act with me on 29th day also, when my mother was not present at home. But, I have dictated his name at the behest of Kallu. I am scared of my father. Thereafter, my father also committed an evil act with me. My father committed an evil act with me on 28th day of the month. He committed an evil act with me on 29th day also, when my mother was not present at home. But, I have dictated his name at the behest of Kallu. I am scared of my father. Set my mother free, I want to go with her. Punish Kallu and my father. Kallu resides near Sanjay Chowk, behind Mahakali Chowk in Amraiwadi area. The said facts are stated by the witness per se. Whatever the witness has stated in her words to the court before her cross-examination begins, has been noted and cross-examination is started. Cross-examination -By Ld. Adv. Shri A. S. Patel for the accused (3) I have two houses, one of which is situated at Jayanti Vakil Ni Chali, Khokhra and the another is situated at Sankarsi Mukhi Ni Chali, Maninagar. It takes 15 minutes by rickshaw and 1 hour by walking to reach from one house to the other. My father is engaged in electrical works. He leaves for work at 8 o'clock in the morning and returns at 8 o'clock in the evening or at 12 o'clock. My parents resides at the house, situated in Maninagar. I generally reside in Jayanti Vakil Ni Chali. (4) I have been in a relationship with Kallu since 3 years. I am engaged in physical relationship also with him. Kallu had physical relationship with me on 28th day of the month. He had physical relationship with me one and half months before the incident. (5) Kallu was visiting my house at Khokhra for having physical relations with me. It is true that my parents were not present at the time when Kallu had physical relation with me on 28th. Kallu is a hard headed person in Amriwadi area, and he is a ruffian. Kallu had told me to lodge the complaint. Kallu Tomar wanted to grab both the houses. So he had told to lodge the complaint. The clothes which are shown to me today are the same clothes which were put on at the time of having physical relations with Kallu Tomar. It is true that the cotton-bed, bed sheet and mattress which are produced are the same upon which myself and Kallu were sleeping on that day. I love Kallu very much. The clothes which are shown to me today are the same clothes which were put on at the time of having physical relations with Kallu Tomar. It is true that the cotton-bed, bed sheet and mattress which are produced are the same upon which myself and Kallu were sleeping on that day. I love Kallu very much. Due to this love relations I was doing the way Kallu used to say. I have dictated the facts to the Doctor in the Medical Certificate. I had dictated the facts as told by Kallu. The marks of injury which are shown on my body during the Medical check-up, are the marks which had sustained during the scuffling with Kallu. My uncle, my father, my elder uncle and my maternal uncle have beaten me before 20 days. They have beaten me because I was roaming with Kallu and they have seen me doing evil act. (6) I was sent to Womens Protection Cell as per the order of the Court and since then I have been residing over there. My elder uncle took me at home from the Women Protection Cell on submitting an application in the Court. I had stayed only for short period at the house of my elder uncle. Thereafter I went with my lover Kallu. I had stayed with Kallu for 4 months. On the day when I went with Kallu, my elder uncle had lodged a complaint of missing in the police station. Kallu had kept me in his house during these four months. During these four months, I had physical relations with Kallu in his house. After four months I myself went to the Womens Protection Cell because Kallu was declared wanted. It is true that my birth date is 06-04-1991. I had celebrated this birth date as my birthday also. Once, my parents had celebrated my birthday by calling all the family members when I was about four or five years old. (7) It is true that, after my examination-in-chief was over, while giving the answer of the questions which were asked by the Court, I have not dictated such in my complaint that 'witness had stated willingly'. The facts which I had stated today was not stated even to my maternal aunt or to anyone else. I have two maternal aunts. (7) It is true that, after my examination-in-chief was over, while giving the answer of the questions which were asked by the Court, I have not dictated such in my complaint that 'witness had stated willingly'. The facts which I had stated today was not stated even to my maternal aunt or to anyone else. I have two maternal aunts. One of my maternal aunt is residing in Maninagar and the another maternal aunt is residing near Mahadevnagar Tekra. I am having good terms with both these maternal aunts. I also share my joys and griefs with them. I had not stated about this incident which happened with me. In the same manner, my uncle also treats me well, and I have good terms with my aunt. I also have not told anything about this incident. (8) It is true that no any incident had taken place as per the complaint of exhibit-13. This complaint has been lodged as per the say of Kallu. It is true that I had lodged this complaint against my parents and others in the state of anger, as they used to beat me because of my physical relations with Kallu. The complaint which I had stated in the Court is due to my anger upon my father. It is true that I have been crying today in the Court because my parents are in the jail and I miss my brother very much. My house has been scattered. Hence I depose by crying. Cross Examination is over. No Re-Examination.” 18. We are of the view that the conviction of the appellant is not sustainable in law having regard to the evidence on record. We find it extremely difficult to take the view that the victim is a wholly reliable witness. In fact, we have no hesitation in recording a finding that the victim is a wholly unreliable witness. It is very sad to note the circumstances, in which, the victim went to the police station and lodged a first information report of such a serious offence against her own parents. It appears that Kallu Tomar, the so called don of Amraivadi, is the root cause of all the trouble. In the course of the recording of her evidence, she broke down. In such circumstances, some part of her evidence had to be recorded in camera. It appears that Kallu Tomar, the so called don of Amraivadi, is the root cause of all the trouble. In the course of the recording of her evidence, she broke down. In such circumstances, some part of her evidence had to be recorded in camera. But what has been deposed by her in para-8 of her cross-examination clinches the issue. 19. We are mindful of the fact that in cases of rape, even if the victim turns hostile, that cannot be a ground to acquit the accused. In such circumstances also, if there is any other evidence on record, on the basis of which the accused can be held guilty, then the Court can definitely convict the accused despite the fact that the victim has turned hostile. This is not a case, in which, the victim turned hostile. This appears to be a case, in which, the victim realized what she had done to her own father. It is her guilty conscience that ultimately led her to depose that the first information report was at the instance of Kallu Tomar. 20. The learned APP invited our attention to the injury certificate issued by the medical officer of the Civil Hospital, Ahmedabad, Exh.25. This medical certificate is of medical examination of the accused. The history recorded in the medical certificate reads thus; “I have one son and one daughter. The age of my daughter is 16-17 years. Last Tuesday, at 10:30, my daughter Sneha @ Dimple slept with me. Thereafter, on the next day, i.e, on Wednesday,, at 11:00 p.m. (paper is in a torn condition), she came on my bed and slept without her cloths, due to which, I could not control myself and made a physical relation with her.” 21. Any incriminating admission of an accused before a doctor in the form of history is admissible in evidence and can be relied upon along with the other evidence on record. So far as the history recorded in the medical certificate is concerned, the accused, in his statement under Section 313 of the Cr.P.C has made himself very clear that he had not given any such history. Be that as it may, if the history is read closely, it is more in the form of a confession rather than an incriminating admission. Be that as it may, if the history is read closely, it is more in the form of a confession rather than an incriminating admission. The medical evidence on record, so far as the victim is concerned, will not help the prosecution in any manner because the victim has admitted, in so many words, that she was in physical relationship with Kallu Tomar past three years. 22. Upon re-appreciation of the oral as well as the documentary evidence on record, we have reached to the conclusion that the Trial Court committed an error in holding the accused guilty of the offence. 23. In the result, this appeal succeeds and is hereby allowed. The judgment and order of conviction and sentence passed by the Fast Track Court No.1, City Sessions Court, Ahmedabad in the Sessions Case No.42 of 2010 is hereby quashed and set aside. The appellant is ordered to be acquitted of all the charges. The appellant shall be set at liberty forthwith if not required in any other case. Fine, if paid, shall be refunded.