ORDER

The appellant herein was charged with commission of an offence under Section 376 of the IPC for committing rape on a minor girl Sushma. Her parents are labourers. They had been occupying a portion of the premises belonging to the father of the appellant herein, as tenant. On 2.1.1995, they had gone out of their house in search of work. Sushma was all alone in the house. The appellant taking advantage of the absence of the parents of the prosecutrix, came there, took her to Tapariya, put off her Chaddi and he also pulled down his trousers and sat upon her. When her grandfather came, he fled away. When the parents of Sushma came back, they were informed about the said incident by her. The mother of the prosecutrix had been redness in her private part as also blood coming out therefrom.

2. First Information Report was lodged on the next day i.e. on 3.1.1995. The prosecutrix was sent for medical examination and one Dr. Smt. Sunita Jain examined her. The said doctor was examined before the learned Trial Judge as PW-2. In her evidence she stated :

“I medically examined Sushma D/o Mukesh on 3.1.1995 at 12.15 noon and found no any external injury over her body. Swelling was there over h