1. The appellant, hereinafter referred to as the accused, stands convicted by the learned Sessions Judge, Chamba, in Sessions Case No.39 of 1997 for the offence under Sections 376 and 506, Indian Penal Code. He has been sentenced to rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- for the offence under Section 376, Indian Penal Code. Insofar as the offence under Section 506, Indian Penal Code, is concerned, the accused has been sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 1,000/-. It was directed that out of the amounts of fine, if realised, a sum of Rs. 4,000/- shall be paid as compensation to the prosecutrix Kumari Seema. The two substantive sentences of imprisonment was ordered to run concurrently.

2. Briefly stated, the prosecution story is this. In the year 1997, the prosecutrix Kumari Seema was working as a maid servant in the house of one Shri Dhani Ram of village Chamuhi. At that time, the accused was also working as a servant in the house of said Dhani Ram. During the period 10-4-1997 to 4-6-1997 whenever the accused used to go to the jungle to graze the cattle, he used to take the prosecutrix with him and there in the jungle he used to commit rape on her. The accused used to threaten the prosecutrix that in case she dared to tell anyone about the sexual acts, she would be killed.

3. The prosecutrix one day told Smt. Suno wife of Shri Dhani Ram about the sexual assaults being committed by the accused. Smf. Suno after rebuking the prosecutrix, sent her to the house of Smt. Taro, maternal grandmother of the prosecutrix. The accused escorted the prosecutrix to the house of her grandmother. The prosecutrix on reaching the house of her grandmother, narrated the incidents of rape to Smt. Taro, her grandmother, and Munshi, her maternal uncle. Smt. Taro then on 11-6-1997 took the prosecutrix to the police station and on the basis of the report made, a case under Sections 376 and 506, Indian Penal Code, came to be registered vide FIR No. 42/97 (Ex.PH).

4. The prosecutrix, during the course of investigation was subjected to medical examination. Such medical examination was carried out by PW-8 Dr. Brij Bala Sharma, at District Hospital, Chamba, on 12-6-1997 at about 12.15 p.m. It was observed by PW-8 as under :- "Menstrual History: Menarche not started. General Physical Examination :

1. Mentally alert, sound and fully conscious.

2. Seemed to be very intelligent and active. Systematic Examination :

1. Heart, Lungs, Per abdomen and CNS-NAD.

2. Moderate built, weight 27 kgs. Height 132 cms.

3. Breasts - Small undeveloped, nipples surrounded by an undeveloped pink areola.

4. Auxiliary hairs-Scanty, brownish black smoothy.

5. No marks of violence and injury (No scratches, abrasions, bruises over her person). Local examination of genitals and per vaginal examination :

1. No seminal stains and blood found on thighs and genitals.

2. Pubic hairs not matted.

3. Labia Majora thick, firm and well rounded. No bruising, no redness, no inflammation or laceration.

4. Vestibules normal.

5. Forchette and posterior commissure intact.

6. Hymen was semilunar in shape with interior opening, its free hiargins had numerous tears looking like old granular tissues. These did not bleed on touch and were not tender, swollen and not inflamed.

7. Vaginal orifice was easily dispensable and admitted two fingers easily.

8. Vaginal swab taken from the posterior fornix had been duly preserved, packed and sealed for chemical examination.

9. Victim had taken bath several times after returning from village Lahal and had changed her clothes.

10. For age verification, referred to Dr. V. K. Pathak, Radiologist and Dr. L. Badotra, Dental Surgeon."

5. PW-8 opined that the prosecutrix was subjected to sexual intercourse frequently.

6. PW-6, Dr.L. Badotra, Dental Surgeon on 16-6-1997, carried out dental examination of the prosecutrix and opined that she was of about 13 years of age. The ossification test was carried out by PW-7, Dr. V.K.