Insufficient evidence and credibility issues warranted the reversal of the appellant's conviction for sexual offences under IPC.

1. This appeal is directed against the judgment dated 31-10-2002 delivered by Shri Lakhan Singh, learned Addl. Sessions Judge, Distt. Korba in Sessions Trial No. 478/2001 whereby the appellant was convicted under S.376, S.366, S.363 and S.342, IPC and was sentenced to rigorous imprisonment for 7 years and to pay fine of Rs. 500/- under S. 376, IPC, to R.I. for 5 years and fine of Rs. 500/- under S. 366, IPC, to R.I. for 3 years and a fine of Rs. 500/- under S. 363 and to R.I. for 3 months under S. 342, IPC. In default of payment of fine, the appellant was sentenced to undergo S.I. for one month each for offences under S.363, S.366 and S.376, IPC.

2. The prosecution story in brief is that the prosecutrix, aged about 17 years and 2 months and a student of Class IX, left for her school on a cycle at about 10.15 a.m. from her house. Near Polytechnic College, by the side of the road, the appellant Kishore Bahadur along with Ram Bhuvan lay in wait for her. Ram Bhuvan was driving the motorcycle while the appellant Kishore was the pillion rider. They blocked the way of the prosecutrix by parking the motorcycle in front of her cycle. The associates of appellant Kishore i.e. Bhajan and Ramu also arrived on a cycle. Thereafter, the appellant Kishore forcibly seated the prosecutrix on the motorcycle and gagged her mouth. Ram Bhuvan drove the motorcycle towards the Jambahar forest. Leaving the appellant and the prosecutrix there, Ram Bhuvan returned. Thereafter, the appellant committed rape on the prosecutrix repeatedly on 16th, 17th and 18th of August, 2001 under constant threat. On 18-8-2001, Ram Bhuvan came to the forest on a motorcycle while Bhajan and Ramu came riding on the cycle. While the prosecutrix was being brought home, she fainted since she had not eaten anything for 3 days. The appellant left the prosecutrix at her home and went away. After regaining consciousness, the prosecutrix informed about the incident to her parents. The FIR was lodged by the prosecutrix on 24-8-2001 i.e. after six days at about 8.05 p.m. at P. S. Balco situated about 4 kms. away from the place of occurrence.

3. The prosecutrix was sent for medical examination. Dr. Veena Agarwal PW 6 examined the prosecutrix on 25-8-2001 at 12.30 p.m. and found that there was no external injury on her person. On internal examination, she found that there were multiple tears in hymen membranes which were red, congested and tender. The vagina admitted one finger with pain. It was opined that sexual intercourse had been committed with the prosecutrix within 3 to 7 days prior to her examination. The age of the prosecutrix was opined to be between 16 and 17 years. Vaginal slides were prepared and sealed. Radiological examination was advised to confirm her age.

4. One black Suzuki motorcycle bearing No. MP 26 K - 0143 was seized from Ram Bhuvan on 25-8-2001. One yellow coloured nylon underwear was seized from the prosecutrix on 25-8-2001 vide Ex. P.2. One brown coloured nylon underwear of the appellant was seized from him vide Ex. P14 on 1-9-2001. Upon medical examination of the appellant Dr. A. D. Kurena PW 8 opined that he was capable of performing sexual intercourse. The Forensic Science Laboratory's examination report, if any, of the vaginal slides and the underwear seized from the prosecutrix and the appellant was not filed by the prosecution. After completion of investigation, the appellant was prosecuted along with coaccused Ram Bhuvan, Ramu and Bhajan, Ramu and Bhajan were shown to be absconding. Ram Bhuvan was also declared absconding as 28-8-2002. The appellant was charged under S.363, S.366, S.376 and S.342, IPC by the learned Addl. Sessions Judge. The appellant abjured the guilt, plead