Charanjit Talwar, J.

( 1 ) THE appellant, Mohd. Habib, was convicted for the offence under Section 376 of the Indian Penal Code, for having committed rape on a minor girl, Aruna Kumari, on 19th August 1980 at about 2. 00 p m. He was sentenced to life imprisonment. He has also been convicted for the offence under Section 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500. 00. In default of payment of fine, he has been directed to undergo further rigorous imprisonment for six months. The appellant challenges the legality of the judgment dated 11th October 1983, holding him guilty of the above mentioned charges, and also the order of the same date sentencing him.

( 2 ) THE central point to be noticed in this appeal is that the medical evidence falsifies the evidence of the two eye witnesses as well as of the prosecutrix. The appellant, aged 21 years, is alleged to have been arrested at the spot. He was medically examined by Dr. Suresh Kumar of the Police Hospital, Delhi, at 8. 35 p. m. on the date of the incident. The medico-legal certificate is Exhibit PA. As the genuineness of this certificate was admitted by the ap

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