This appeal has been preferred by one Prem Chand, who was convicted under Sec. 376 I. P. C, and sentenced to undergo R. I. for seven years. According to the prosecution case on 28th December, 1974 Kumari Vidya aged about 10, sister of Ram Asrey, in village Karinna Manikpur within the police circle of Mohamada-bad had gone to graze her cattle in the Har of that village. Another girl Kumari Munni was also grazing her cattle with her. The appellant was also grazing his buffalo in the same Har. At about 4 P. M. when Kumari Vidya was sitting on the Khadar, Preni Chand appellant caught hold of her hand, dragged her, threw her on the ground and after undres sing her committed rape on her. Her screams attracted to the scene of occurrence Sri Ram Jatav, Kaleshi Kahar and Munno Devi. They all saw the appellant committing rape on Kumari Vidya. After the rape was committed on her she started bleeding from her vagina. On seeing the witnesses the appellant ran away from the scene of occurrence towards village Madanpur. The report of the occurrence was lodged by Ram Asrey, brother of the victim on 29th December, 1974 at 9. 45 A. M, At the police station the stained clothes of Kumari Vidya were taken in possession. They were sealed after their memorandum was prepared. Kumari Vidya was sent for medical examination. She was examined by Dr. Ismat Iqbal, Medical Officer, Female Hospital, Fatehgarh. On her examination she found her height 4 feet 3 inches, weight 22 Kgs. and the teeth 14/14. There was no development of axillary and public hair. On internal examination she found that her vagina admitted only one finger with difficulty. Hymen was irregular and there were abra sions all around the hymen. Blood clots were present around the hymen vulva and the thigh. She was of the opinion that the girl was subjected to rape. On X-ray it was disclosed that epicondyle medical and lateral had not united. Radius at upper end had also not united. Lower ends of radius and ulna had also not united. She was of the opinion that Kumari Vidya was aged about 10 or 11. The investigation of the case was entrusted to Sri Chandra Shekhar, Sub-Inspector of Police. He commenced the investigation with effect from 30th December, 1974. He went to the scene of occurrence and after inspecting it prepared the site-plan. He recorded the statements of Kumari Munni, Ram Asrey, Sri Ram, Kaleshi and Kumari Vidya. After completing the investigation, he sub mitted the charge-sheet. The appellant denied having committed rape on Kumari Vidya. He claimed that he has been falsely implicated. He further asserted that four Bighas of Patiawala field stands in the name of Ram Asrey but he and his brother are in possession over it.

The prosecution examined in support of its case the first informant Ram Asrey P. W. 2 and Kumari Vidya P. W. 3. Besides these two witnesses P. W. 4 Kumari Munni, P. W. 5 Ram Kishan were also examined as eye witnesses. The Court also examined C. W. 1 Sri Ram and G. W. 2 Kanauji. The prosecu tion besides these witnesses examined Dr. Ismat Iqbal P. W. 1, who had examined Kumari Vidya on 29-12-1974 and P. W. 6 Chandra Shekhar, Investigating Officer. I have been taken through the evidence on record by the learned counsel for the appellant as well as the learned counsel for the State. It is not disputed in this case that Kumari Vidya, who was the victim in this case, was aged about 10 or 11 at the time of the occurrence. It finds ample support from the state ment of Dr. Ismat Iqbal P. W. 1, who had based her report on the report of Radiologist and she had asserted that she was aged about 10 or 11 at the time of examination. Regarding the occurrence Kumari Vidya states that on the date of occurrence she was grazing her cattle in the field at about 4 P. M. The appellant, who was also grazing her cattle caught hold of her hand and dragged her to the nearby field. Thereafter, she was thrown on the ground and he committed rape on her. She felt pain and there