The court established the guilt of the appellant based on the victim's testimony, corroborating witnesses, and medical evidence, while also rejecting the presented alibi.

The appellant in this case stand convicted under Section 376 of the Indian Penal Code and sentenced to one year of R.I. and Rs. 500/- of find and indefault of payment of fine 3 months of R.I. The amount of fine has been ordered to be paid as compensation to the prosecutrix, Manjula, P.W. 1,

2. The case of prosecution may be narrated briefly.

Manjula, P.W. 1 a girl of about 10 years of age is a ward of Rehman Sab P.W. 2, and she was residing with P.W. 2 at Khareawada, Sambhaji. The accused was residing in the neighbourhood of P.W. 1, at Khareawada. On the day of the incident i.e., on 17-1-1971 in the afternoon, there was a football match being played at the ground in the vicinity of the house of the accused, which house has only one room. P.W. 1 was witnessing the match that was being played at the said ground, when the accuse called her to this house saying that the would give her sweets. When she went to his house he closed the door, removed his underwear, as also hers, slept over her and had sexual intercourse with her. She resisted and told him to get away and as she was crying and shouting the gagged her mouth with hands. After the act was over, he opened the door and allowed he to go but nut before giving here some biscuits and chocolates. When she was leaving the house of the accused, she was seen by Laxmi P.W. 5, a close neighbor of the accused, by Jankibai, P.W. 7 another neighbour and another old woman Paidaman who could not be examined by the prosecution in the trial Court P.W. 5, 7 and Paidaman questioned P.W. 1 as to what had happened inside the house of the accused and she narrated to them the incident. The matter reached to the ears of P.W. 2 when he came home from his business at night time. He got the fact confirm from P.W. 1 and lodged a complaint to the Police. The Police arrested the accused at his house in the early hours of 18-1-71, took possession of some incriminating articles like underwear and other clothing, and got the accuse as well as the prosecutrix medically examined.

3. The accused has flatly denied the charge against him. His case is that of an alibi. According to him he was working for Jayanti Shipping Company at the relevant time and on the day of the incident he went out of the house at 8.00 a.m. for work; that as it was a Sunday the office being closed he had not to sign the muster roll. He worked on the "Damodar Prasad" Barge, where the manager of the company, the Director and brother of the Director and other workers were present. He was repairing and fitting a search light and a horn. He returned from the Vasco Ship Yard at 12.00 noon and came to his house at 12.30 when he found some dirty water being thrown near his room. He He questioned P.W. 5 about it when suddenly P.W. 2 came out of his house and attempted to beat him an told him, "I will show you afterwards". P.W. 2 and husband of Laxmi are both black-marketiers and had ask him to purchase from them some foreign good which he had refused to do. After his meals he went to the shipyard at 2.00 and asked the welder by name Afonso Fernandes (D.W. 1) to prepare 2 clamps for the said shipyard. At about 3.30 p.m. the company Director came against to the barge and he told the director that he needed some batteries which the director promised to give in the next morning. After the work was over at 5.30 p.m. he left in the company of D.W. 1 for Paradise Hotel and thereafter for the Church.

4. The points that arise for my termination are as follows :-

(1) Whether it is prove that the accused had sexual intercourse with Manjula, P.W. 1.

(2) Whether Manjula, P.W. 1 was below 16 years of age on the relevant date.

5. As regards the second point there can be no doubt whatsoever that on the relevant date Manjula, P.W. 1 was below 16 years of age and her age was between 9 to 11 years. The evidence of this fact consists of the deposition of Dr. Kashinath Sardesai, P.W. 4. He has held a number of tests and car me to the conclusion that P.W. 1