JUDGMENT : R.K. Das, J. - The Appellant has been convicted u/s 376 of the Indian Penal Code and sentenced to R.I. for five years, and to pay a fine of Rs. 100/- in default to undergo R.I. for two months more, by an order dated 26-9-1961 passed by Sri K.N. Sarkar, Assistant Sessions Judge, Balasore. 2. The short case of the prosecution is that at about 9 a.m. on 30-11-1960, Basanti (P.W. 1) a girl of about nine years while collecting paddy near a mango grove, was asked by the Appellant to accompany him to take some fruits. When the girl followed him, the Appellant took the girl into a room in the mango grove of one Banamali Moharana, and made her to lie down on the floor of the room, and took out her wearing cloth and then penetrated his penis into the vagina of the girl when the girl cried out of pain and the vagina bled profusely. After ravishing the girl the accused-Appellant fled away. Thereafter the girl reported this fact to her mother P.W. 6 who brought the the girl to the Pinda of the accused and reported the matter to his mother. P.W. 4 the father of the girl and also the mother took the girl to the hospital at Balasore for medical treatment where the girl was kept as an indoor patient for about a week. On being informed that the girl had been raped, the lady doctor, P.W. 2, sent a report (ext. 4) to the Sadar police station, Balasore. Thereafter the first information report was drawn up, and some seizures such as the wearing cloth of the girl, and the bloodstained earth from the place of occurrence, were made by P.W. 11 the sub-inspector of the Balasore police station under seizure list, ext. 12. As the place of occurrence was within the jurisdiction of Remuna police station, the case was transferred to the said police station and P.W. 13 the sub inspector of Remuna police station after due investigation, first submitted a final report as the accused had absconded; but subsequently when the accused was arrested by some of the villagers on 27-12-1960, the charge-sheet was submitted by the police u/s 376 and the accused was ultimately tried in the Court of Sessions after due commitment. 3. The plea of the accused is one of denial. 3. The plea of the accused is one of denial. According to him, this false case has been foisted upon him by his enemy Lokanath Moharana under whom P.W. 4, father of the girl, works as a Mulia. It was contended on behalf of the accused-Appellant that the injuries on the person of the girl were due to a fall from a tree. 4. The prosecution seeks to establish its case by the direct evidence of the victim, p.w.l and two of her mates, p.ws.3 and 7, who are said the in her company near about the mango grove when the occurrence took place, as also by certain circumstantial evidence. P.W.6 the mother of the girl immediately after the occurrence took the girl and reported the matter to the mother of the Appellant as to how her daughter was revised by the Appellant. P.W. 4 has stated that immediately after the occurrence he was reported about the matter to one Binod Rana (p.w 8) and thereafter he took the girl to the hospital. P.W. 8 has stated that he saw the girl wearing a blood-stained Gamochha and being made to sit on the Pinda of the accused by her mother (p.w.6) and her informing the mother of the accused that her son was responsible for committing the rape on Basanti. P.W. 2 the lady doctor who examined the victim girl immediately after the occurrence found" her hymen was lacerated on both sides and there was a tear of about 3" x ?" on the posterior commissure and laceration on the posterior vaginal wall of ?"x?"x?" continuing externally with the above injury, and the vagina was bleeding profusely. She was of the opinion that the injury might have been caused by forcible entry of a young man?s penis into the vagina. The seized blood-stained earth from the place of occurrence and the blood-stained wearing apparel of the girl were sent for chemical examination and the chemical examiner was of opinion that they contained blood, though no spermatozoa was found on the same. 5. The seized blood-stained earth from the place of occurrence and the blood-stained wearing apparel of the girl were sent for chemical examination and the chemical examiner was of opinion that they contained blood, though no spermatozoa was found on the same. 5. Coming to the evidence of P.W. 1 the girl herself, she has stated in detail as to how she was induced by the accused to take some fruit and how on her following him, he took her into the room inside the mango-grove, made her lie on the ground and ravished her in the manner stated above, and she reported the matter to her mother. P.Ws. 3 and 7 have stated that the accused took Basanti to the house in the mango-grove and sometime thereafter they heard Basanti screaming from inside the room and they saw that Basanti was lying on the floor and the accused was lying upon her body. This they saw through an opening in the wall. The evidence of the lady doctor coupled with the evidence of p.ws. 3 and 7 establish the guilt of the accused u/s 376, Indian Penal Case, beyond all reasonable doubt. 6. It was, however, contended that the evidence of p. ws. 3 and 7 should not be accepted firstly because they are child witnesses, and secondly their names do not appear in the report (ext. 8), a station diary entry, made on the report of P.W. 4 on 1-12-1960 at the Remuna police station. It was also contended that p.w 1 being of very tender age, her evidence should not be accepted without due corroboration particularly when she admits that she was instructed by her father, P.W. 4, and Lokanath to depose what she has deposed in the Court. The defence also wanting to rely upon the evidence of P.W. 8 who had made some statement in his cross-examination more in the nature of accommodating the accused and supporting his contention. In his cross-examination he had said that while Basanti was sitting on the verandah of the accused, on his enquiry she said with much reluctance that she had fallen down while climbing the Kaitha tree. He had also stated that Lokanath Moharana and Basanti?s father are bitter enemies of the accused. It is difficult to accept this statement of the witness that Basanti reported to him that she had a fall from a Kaitha tree. He had also stated that Lokanath Moharana and Basanti?s father are bitter enemies of the accused. It is difficult to accept this statement of the witness that Basanti reported to him that she had a fall from a Kaitha tree. Great importance is attached to this statement of P.W. 8 to made out a case that in fact P.W. 1 received the injury out of a fall from a tree. It is argued that the accused has been roped in a false case at. the instance of his enemy P.W. 4 and Lokanath. No doubt the very nature of his evidence appears to be accommodating. But he in his chief examination had stated that Basanti was being put on the Pinda of the accused by her mother and the mother of the accused was being reported that the accused had raped Basanti. It is not understood why if in fact BasaIiti got he injury from a fall from the tree, P.W. 6 would immediately after the occurrence take her to the Pirida of the accused implicating the accused in the crime. The part of evidence of p.w. 8 on which much reliance was placed by the defence cannot therefore be accepted. 7. It was next contended that the non-existence of any injury on other parts of the body belies the prosecution story. It may be stated in this connection that the floor of the room as of mud and taking the tender age of the girl, it was not possible for her to offer much resistance as against a young man of 25, to leave any other marks of injury on her person. 8. It may be stated in this connection that the floor of the room as of mud and taking the tender age of the girl, it was not possible for her to offer much resistance as against a young man of 25, to leave any other marks of injury on her person. 8. The learned Government Advocate however contended that the conviction of the accused can rest solely on the uncorroborated testimony of the prosecutrix (P.W. 1) and even if any corroboration is sought, the following are the circumstances which amply corroborate the prosecution case: (1) Immediately after the occurrence, P.W. 1 was found bleeding and wearing a blood-stained cloth: (2) She immediately reported the matter to her mother involving the accused: (3) That immediately thereafter her mother brought her to the Pinda of the accused and reported the act to the mother of the accused: (4) The examination of P.W. 1 by P.W. 2 soon after the occurrence with the injuries as found by her, was opined to be an act or rape:(5) Recovery of blood-marks on the earth at the place of occurrence and (6) The absconding of the accused after the occurrence to avoid medical examination. I think there is much force in the contention of the learned Government Advocate. Apart from anything else the find of the blood-marks at the place of the alleged rape is a substantial corroboration of the prosecution story that rape was committed at the place as alleged by the prosecution. If in fact, the girl fell from a tree for which there no evidence it is not understood how blood could be found on the floor of the said room. No doubt, the doctor opined that the could be caused by a fall, but the doctor has clearly stated that the injuries could be caused by forcible entry of a young man?s penis into the vagina. Merely because the doctor has said that the injury also could be possible by a fall or forcible entry of an object, that statement cannot be given much importance in view of the positive evidence that the injury was caused by an act of rape on the victim, particularly when the doctor also does not rule out such a theory. 9. 9. Much comment was made on the absence of seminal stains on the cloth of the victim, but it is to be remembered that the girl stated that the rape was committed when she was naked. No doubt, the circumstances as stated by the Government Advocate when taken into consideration lend substantial support to the case as narrated by P.W. 1, but even apart from that the presence of blood at the place of occurrence is a substantial piece of corroborative evidence that the occurrence took place as stated by P.W. 1. It is well settled that the nature and extent of corroborative evidence would necessarily vary according. to the circumstances of each case. The nature of corroborative evidence should be such as to lend assurance to the fact that what is stated by the prosecutrix is reliable and may be acted upon. There is no reason why P.W. 1 who is a girl of very tender age would falsely implicate the accused in a crime of this nature. It is inconceivable as well why Lokanath would falsely rope in the accused or P.W. 4 would expose her daughter knowing full well the shame and discredit it brings to the daughter and to the family. And all these seem unnatural merely to falsely implicate the accused for no obvious reasons. 10. The prosecution therefore has clearly made out the case u/s 376 Indian Penal Code, against the accused, even without the evidence of p.ws. 3 and 7. The conviction of the Appellant is accordingly justified, but taking into consideration the young age of the accused, I am of opinion that a sentence of three years? R.I., would meet the requirements of justice in this case. While therefore maintaining the conviction of the Appellant u/s 376, Indian Penal Code, and the sentence of fine imposed upon him, I would reduce his sentence to 3 years? R.I and with this modification in the sentence, the appeal is dismissed. Final Result : Dismissed