Judgment.-The appellant Vithappa Bhimappa Koli (accused) was charged with committing rape on a young girl of 10 years by name Chandravva. The learned Sessions Judge convicted him under section 376, Indian Penal Code and in the alternative under section 354, Indian Penal Code and sentenced to two years rigorous imprisonment. This appeal is filed by the accused against this conviction and sentence.

2. The case for the prosecution was that on 20th October, 1970 at about 9 A.M. when Chandravva, P.W. 2, was returning back to her house from the house of Bhimappa, P.W. 6 after giving curds sent by her mother and when she was near the land of one Ramappa, the accused came from behind, caught hold of her and bodily lifted her and took her to a ditch nearby and there he removed her langa and committed rape on her. On hearing the cries of Chandravva P.W. 2, the accused ran away from the place. Gadigeppa, P.W. 4, the cousin of Chandravva came there accidentally and learnt from her about the incident. Both of them went to the village where she narrated the incident to her mother Bhagavva P.W. 5. Then all the three persons met Bhimappa P.W. 6, uncle of Chandravva, and told him about the incident. Bhimappa P.W. 6 told them to give a complaint to the police patil and accordingly they went to the house of the police patil and found that he was not in the house. Then they went to the house of Sarpanch who was also not present in the house at that time. Then they went to the house of P.W. 9 Nabisab and informed him about the incident. Thereafter, Chandravva was taken on a cycle by Gadigappa P.W. 4 to the police station at Savalgi where the statement of Chandravva was recorded by P.W. 10 Head Constable who was in charge of the police station as per Exhibit P-6. On the basis of Exhibit P-6 the Head Constable P.W. 10 registered a case at about 1 p.m. against the accused for an offence punishable under section 375, Indian Penal Code and appears to have sent the first information report to the Court the same day. He seized the Langa (M.O. 1) which was wort by Chandravva under the panchanama Exhibit P-7. He took the girl to the Health Centre at Savalgi to get her examined by a doctor but the lady doctor was not available at that time.

3. Hiregowda, Sub-Inspector of Police (P.W. 14) took up further investigation at about 10-30 p.m. on the same day (20th October, 1970). The next day i.e. on 21st October, 1970 he went to Thakkalgi village. The accused was produced by the police constable P.W. 11, Patil before him, who was on beat duty. Hiregowda P.W. 14 arrested him and sent him to Savalgi with a direction to the Head Constable P.W. 10 to get the accused examined by P.W. 1 Dr. Milleshappa. P.W. 1, Dr. Malleshappa examined him and found an abrasion on the glans penis of the accused. He issued a certificate as per Exhibit P-2 in this behalf. P.W. 14 Hiregowda directed the Head Constable to take Chandravva to Jamakhandi for being examined by a doctor with his memo. Exhibit P-3, dated 21st October, 1970. The Head Constable took the girl to Jamakhandi and finding that the lady doctor had gone for training, came back to Savalgi and took one more Yadi from the Sub-Inspector of Police P.W. 14 (Exhibit P-4), dated 21st October, 1970 and went to Bijapur to get the girl examined by a lady doctor. Although the girl was taken to Bijapur on 21st October, 1970, she was not examined on that day or on the following day i.e., 22nd October, 1970. It is only on 23rd October 1970 that Dr. Girija a lady doctor in the Civil Hospital at Bijapur examined the girl Chandravva and issued a certificate as per Exhibit P-5 stating that there were no injuries on her private parts and opined that there were no signs of rape of the girl Chandravva P.W. 2. After due investigation the Sub-Inpector of Police P.W. 14 filed the charge-sheet against the accused on the allegation that he committed rape on Chandravva P.W. 2 on 20th October, 1970 at about 9 a.m.

4. The prosecution have placed relian

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