ORDER

1. Heard learned counsel for the parties.

2. The sole appellant was convicted by the trial court under Section 376 of the Penal Code (for short "IPC") and sentenced to undergo rigorous imprisonment for a period of ten years. On appeal being preferred, the High Court upheld the conviction and reduced the sentence from ten years to seven years. Hence, this appeal by special leave.

3. In the present case, age of the victim was 'only eight years at the time of alleged occurrence. Immediately after the occurrence, she was examined by Dr. K. Sucheritha (PW 7) who has stated in her evidence that no injury was found on any part of the body of the victim, much less on private part.

Hymen was found intact and the doctor has specifically stated that there was no sign of rape at all. In the medical report, it has been stated that vaginal smears collected and examined under the microscope but no sperm detected. The evidence of the prosecutrix is belied by the medical evidence. In our view, in the facts and circumstances of the present case, the High Court was not justified in upholding the conviction.

4. Accordingly, the appeal is allowed, conviction and sentence of the appellant is set aside