JUDGMENT V.N. Misra, J. - This is an application in revision by Ram Naresh, Hanuman and Jangali, applicants, against the judgment and order dated 14-5-81 by Sri K.S. Dubey, v. Ith Additional Sessions Judge (Metropolitan area) Kanpur, by means of which he dismissed the appeal by the applicants against their conviction and maintained their conviction u/s 376 IPC and the sentence of 3 years' RI imposed on them. 2. Briefly stated, the prosecution case was that Bhola's daughter-in law, used to work as a sweepress at the bunglow of Sri Pandey, IFFCO Manager, at bunglow No. 13399, Hazari. She had asked her sister-in-law Km. Bina, aged 17 years, to go to the bunglow of Sri Pandey and work there in her place. On that day the family of Sri Pandey had gone out and his house was being looked after by his servants. Km. Beena reached the bunglow of Sri Pandey at about 5 p. m. and the applicants reached there shortly after that. Hanuman picked up this girl in his arm and took her inside the kitchen. The other two applicants, Ram Naresh and Jangali, followed him and Jangali bolted the door from inside. Hanuman forcibly laid the girl on the ground. Ram Naresh gagged her mouth and threatened to kill her if she raised an alarm. Then, Hanuman, Ram Naresh and Jangali raped this girl by turns. When she came out of the room after she had been raped, Ram Naresh threatened to kill her if she raised any alarm. Weeping Km. Beena went to her house. When she came out of the room where she was raped, she met Smt. Muniran and Devi Gulam and told them what had happened. Her parents had gone out and when they returned at 7 p. m. she told her father, Bhola, also of this incident. Bhola got a report written down by one Ajai Kumar and went to P. S. Gwaltoh where this report was lodged at 8. 10 p. m. 3. It was argued by the learned Counsel for the applicant that when this bunglow of Sri Pandey was locked and when Sri Pandey and other members of his family had gone out, then Km. Beena could not have gone to clean the house because it was locked up. Even if the bunglow was locked up, Km. 10 p. m. 3. It was argued by the learned Counsel for the applicant that when this bunglow of Sri Pandey was locked and when Sri Pandey and other members of his family had gone out, then Km. Beena could not have gone to clean the house because it was locked up. Even if the bunglow was locked up, Km. Beena as a sweepress could go outside the house and it was in evidence that she only swept the verandah. She could have, therefore, gone to work in the bunglow of Sri Pandey that day also. 4. It was then urged that there was the chowkidar and there were other servants of Sri Pandey and they should have been witnesses to say that this rape was committed. Since, however, Sri Pandey had gone out the servants may not have been vigilant and in any case when this girl came out of the room in which she was raped, she told of this incident to Smt. Muniran and Devi Gulam who were examined as witnesses. 5. Km. Beena was medically examined by Dr. Madhu Nigam the next morning at 6 A. M., that is to say, thirteen hours after this occurrence. She found no injuries on the vagina of this girl. She also found the hymen had an old tear and in the vaginal smear taken, she found no sperms. The old tear in the hymen of this girl indicated that she was of easy virtues, as found by the courts below. But if she had been raped that evening, then sperms should have been found in the vaginal smear of the girl taken. According to Taylor in his Principles and Practice of Medical Jurisprudence: 'the spermatozoa may retain vitality (or free motion)' in the body of a woman for the period of 17 days, but this motions cease immediately after passing of the urine or chemical re-agents. If this girl was raped at 5.00 in the after-noon, there was no method by which she could have washed the inside of her vagina and sperms should have been found in the vaginal smear taken. But no sperms were found. 6. These three applicants were also medically examined the same night at 1.50 a. m. The report prepared by the doctor was not produced. But no sperms were found. 6. These three applicants were also medically examined the same night at 1.50 a. m. The report prepared by the doctor was not produced. It is well-known that in rape cases, if the glans of the male organ is covered by uniform layer of smegma, it negatives the possibility of a recent complete penetration, because it is rubbed off in sexual intercourse. This smegma accumulates if no bath is taken for 24 hours. Since in this case, the medical report prepared by the doctor was not filed, the applicants are entitled to argue that if their male organs were examined and the medical reports filed, they would have been able to show that their organs were in such a condition that complete penetration was negatived. 7. In case of a rape, the charge is very easy to make and very difficult to refute. Therefore, courts have insisted that there should be some corroboration of the testimony of the raped woman. This corroboration could be by medical evidence. But in this case, the medical examination report of the applicants were not filed and the medical examination of the girl indicated that there were no sperms in her vaginal smear. Therefore, the medical reports, instead of corroborating the testimony of this girl, indicated that there was no possibility of rape in this case. It is true that PW Smt. Muniran stated that this girl came out weeping from the house of Sri Pandey but that did not indicate anything. Semen was also found on her petticoat but with a girl of such a easy virtue it could never be said how she got this semen. The case against the applicants was, therefore, very doubtful and in a case like this, they could not have been convicted. 8. This revision is allowed, and the conviction and sentence of the applicants are hereby set aside. The applicants are on bail. They need not surrender. Their bail bonds are discharged.