The necessity of corroboration of the prosecutrix's testimony and the requirement of penetration for a conviction under Sec. 376 of the Indian Penal Code.

1. On September 1, 1972, at about 2.00 P.M. Kumari Usha along with Kumari Krishna, who are both aged about 8 years respectively were returning from their fields to their house at village Babain, district Karnal. The field of Ram Chander father of Suresh Chand appellant fell in the way. From the field of Ram Chander both these girls plucked two-three kachris and ate those. Suresh Chand accused, who happened to be present in his field, caught hold of Kumari Usha and took her inside the chari field. The accused pulled away kacha (under-wear) worn by Kumari Usha. He undressed himself, threw Kumari Usha on the ground and committed rape on her. In this process the accused bit on her left cheek. The genitalia of Kumari Usha bled and she raised an alarm.

2. Kumari Krishna ran to the village and informed Smt. Darshani Devi, grandmother of Kumari Usha of this incident. Smt. Darshani Devi ran to the field of the accused shouting and saw the accused run away from his chari field. Kumari Usha came to her grand-mother and after wearing the under-wear narrated the incident. Smt. Darshani Devi brought Kumari Usha to her house where the occurrence was narrated to Smt. Lila Wati, mother of Kumari Usha, Muni Lal, father of Kumari Usha, was in the fields from where he was summoned and informed of this incident. In informing the respectable of the village of this incident, Muni Lal got late. On the following day he started for Police Station, Ladwa, where he met Sub-Inspector Nasib Singh, near the busstand, at about 10.00 A.M., on September 2, 1972. Statement Exhibit P. E. of Muni Lal was recorded, on the basis of which formal first information report, Exhibit P. E./1, was registered at the police station.

3. Vide medico-legal certificate, Exhibit P. A., Dr. K. Kaushalya, Senior Medical Officer, Kamal, on September 2, 1972, at 4.00 P.M. found fresh lacerations of fourchette measuring 1/2" x 1/4". The area was ender and bled on touching. Perineum and hymen were intact. The vaginal orifice was too small and did not even admit of the little finger. An abrasion 1/2" x 1/10" on the left side of the cheek, 11/2" below the left eye, was also noticed. The doctor opined that rape has been committed on Kumari Usha.

4. The accused was arrested on September 3, 1972. Dr. P.D. Chaudhri, at 9.00 A.M. on 3-9-1972, on physical examination found Suresh Chand accused fit and capable to commit sexual intercourse. He did not find any injury, on the genitals, face and thighs of the accused.

5. The under-wear of Kumari Usha which had the stains of dry blood on it was taken by Dr. K. Kaushalya and handed over to the police. The Chemical Examiner found blood on it and the serologist found this blood to be of human origin. No semen was, however, found on the vaginal swab, taken of Kumari Usha, which was sent to the Chemical Examiner.

6. On chalan by the police Suresh Chand accused was committed to the Court of Session. The learned Sessions Judge, Karnal, on trial, found the accused, guilty for the offence of rape and sentenced him to undergo rigorous imprisonment for seven years and a fine of Rs. 2000.00 . In default of payment of fine he was further sentenced to undergo rigorous imprisonment for 11/2 years. It is against this order of conviction that the accused has come in appeal to this Court.

7. The medical evidence showed laceration of the fourchchee. The medical examination of Kumari Usha was conducted on the following day and it bled even at that time when touched. Although the hymen, which was not sufficiently grown because of the tender age of the prosecutrix, was intact, yet, the doctor ruled out the possibility of the injury to the fourchette in any manner except in an attempt to commit sexual intercourse with her. The injury to the genetalia of Kumari Usha has been proved by the prosecution beyond any question. It could neither be self-suffered nor self-inflicted because no one from the family, much less the prosecutrix, could be interested, to bring ab