The judgment emphasizes the importance of corroborative evidence in cases of sexual offenses and the benefit of doubt to the accused.

1. - This appeal arises out of the judgment of the learned Additional Sessions Judge, Gangapur City, dated June 20, 1972, by which he convicted appellant Moolia of an offence under section 376, I.P.C. and sentenced him to rigorous imprisonment for two years and to pay a fine of Rs. 100/-, in default whereof to further rigorous imprisonment for three months.

2. I have heard arguments and perused the record.

3. The facts of this case are that Ramsahai (P. W. 9) presented a written report bearing the thumb impression of Zinsi (P. W. 3) in the police outpost Baman was that the daughter of Zinsi aged 7-8 years by name Sanwali (P. W. 1), was raped by accused Moolia last night. This report is Ex. P/1. This report was entered in the roznamcha, Ex. P/3 by Kansingh (P. W. 11). He gave a copy of the report Ex. P/3 to Ramsahai (P. W. 9) and directed him to go to the police station, Gadb-mora. As the S. H. O. Gadhmora was out on duty, Sobharam (P. W. 10) made endorsement that the report will be presented when the station house officer returns to the police station. Dwarka Prasad (P. W. 4), head constable, incharge of the police station, Gadhmora, returned from Sawaimadhopur and registered a case under section 376, I. P. C. and handed over the investigation to Kansingh (P. W.11).

4. Kansingh (P. W. 11) forwarded Mst. Sanwali to the Medical Officer, Bamanwas. Dr. Awadhbehari Maheshwari (P. W. 5) examined Mst. Sanwali on 11.1.72. The substance of the injury report is that there were no marks of violence on the body of Mst. Sanwali. She had no difficulty in walking, but complained of pain during walking. Her hymen was not in tact, but its edges were not tender, swollen or red. The vagina of the child admitted the little finger. There was one tear ⅛" long present on the posterior wall of vagina. His opinion was that except the said tear there were no positive signs suggesting recent commission of act of rape. He further confirmed, vide Ex. P/2 that the tear indicated possibility of rape. As the girl was produced for medical examination on 11th January, 1972, it might be possible that the alleged rape took place on 9th January, 1972.

5. After investigation, the police presented a challan in the Court of Magistrate, First Class, Gangapur City, who committed the appellant for trial to the Court of Sessions, where he was convicted and sentenced as aforesaid.

6. Mst, Sanwali (P. W. 1) was not administered oath, because she did not understand the sanctity thereof. She deposed that she had gone for defecating in a Arhar field in the evening. Accused Moolia came, caught her by hand and placed his another hand on her mouth. He pulled her inside the field, threw her on the ground, removed her chaddi and then violated her. She began to bleed in her private part. The accused then, ran away. When she cried, Durga and Ram Prasad came there and brought her to her home. There, she narrated the story to her sister, who in her turn related it to her father Zinsi (P.W. 3). Her mother was also present. In cross-examination this girl stated that the occurrence took place in the field of her uncle Moti, while the accused was working in the adjoining field of Heeralal Pandit- The accused dragged her about 40-50 paces and Arhar stems had caused irritations. On the place where she was thrown, there were Arhar stems. When she was thrown, she was in her senses but thereafter she became unconscious. Arhar stems had also entered her private part. A little later she however denied that she began to bleed on account of the entry of Arhar stem. She also denied the defence suggestion that she was falsely implicating the appellant on account of some quarrel regarding grazing of cattle by her people in the field of Heeralal.

7. Mst. Janki (P. W. 2) is the mother of Mst. Sanwali. She deposed that Sanwali came crying to the house and told her that accused Moolia had violated her. She was bleeding in her vagina and her clothes were also soiled with blood. She reported the matter