In cases of sexual offences, minor contradictions or discrepancies in the statement of the prosecutrix should not be grounds for discrediting her version.

JUDGMENT :

M.R. Verma, J.

This appeal is directed against the judgment dated 22.11.2002 passed by the learned Sessions Judge, Mandi whereby the appellant/accused (hereafter referred to as 'the accused') has been convicted under section 376 and 506 I.P.C. and has been sentenced to rigorous imprisonment for 7 years and to pay a fine of Rs.10,000/- and in default of payment of fine to undergo further rigorous imprisonment for one year under section 376 I.P.C. and to undergo rigorops imprisonment for one year and to pay a fine of Rs.1000/- and in default of payment of fine to undergo further rigorous imprisonment for one month under section 506.

2. Case of the prosecution is that on 1.11.2001 the prosecutrix (PW-3), aged about 12 years, along with her father (PW-4) and other family members, had gone to attend a fair at Gagan. After attending the fair, in the evening, they went to the house of Chet Ram (PW-7), husband of Purnu Devi elder sister of PW-4.Rukmani Devi (PW-8) younger sister of PW-4 and her husband the accused were also present in the house of PW-7. Some of trial Children of the aforesaid persons including Peti Devi (PW-9), the accused, his wife Rukmani Devi (PW-8), Tele Devi, sister of the prosecutrix, Chet Ram (PW-7) and Purnu Devi, slept in one room in the upper storey of the house and PW-4, his wife Chamelo Devi (PW-5), and others slept in a room in the lower story. During the night, the accused committed rape on the prosecutrix and her father (PW-4) and mother Chamelo Devi (PW-5) learnt about the occurrence at about 3.30 a.m. In the meantime, the accused had run away. The prosecutrix was examined by her mother and it was noticed that her clothes were stained with blood and blood was oozing from her private parts. The efforts to search out the accused were made and PW-4 even went, to the house of the accused but he was not traceable. Thereafter the occurrence was reported to police by the prosecutrix accompanied by PW-4 on 3.11.2001 where on F.I.R. Ext. PS was recorded at police Station. The prosecutrix was medically examined by Dr. Renu Behl (PW-2), who issued the Medico Legal Certificate Ext. PH and opined that the prosecutrix as exposed to coitus. She also took into possession and sealed the nearing 'apparels of the prosecutrix and also preserved two slides and landed them over to the police for chemical examination. Opinion about the skeleton age of the prosecutrix was obtained and Dr. S.K. Malhotra (PW-1) Radiologist vide report Ext. PF opined that the prosecutrix was between 10 to 14 years of age. During investigation A.S.I. Subhash Chand (PW-14), who investigated the case, took into possession the shirt Ext. P-3 and 'Salwar' Ext. P-4 which the prosecutrix was wearing at the time of occurrence vide Memo Ext. PM. The accused was arrested on 5.11.2001 and was medically inned by Dr. Satya Vrat (PW-6), who issued Medico Legal Certificate Ext. PK and opined that the accused was fit to perform sexual intercourse. He also took into possession and sealed the trousers the accused was wearing at the time of his medical examination and handed over the same the police and also preserved the public hairs of the accused. Subsequently the aforesaid clothes of the prosecutrix and the accused, the slides am pubic hairs were sent to the State Forensic Science laboratory for analysis Vide report Ext. PR, the Assistant Director of the said Laboratory opined the human blood was found on the shirts Exts. P-1 and P-3, Salwars Exts. P-and P-4 and the vaginal slides. However, no semen was detected therein No blood or semen was detected in the trouser and pubic hairs of the accused. Copy of the school Admission Register Ext. PN and copy of Certificate Ext. PO of the prosecutrix were also taken in possession by the Investigating Officer respectively from Prem Chand (PW-10) and Indian Chauhan (PW-11). On being satisfied of the commission of the offences under sections 376 and 506 I.P.C. by the accused, Prakash Chand (PW-15 the then S.H.O. p