JUDGMENT 1. - Accused Babu has been convicted under Section 376, I.P.C. and santenced to three years R. I. with a fine of Rs. 500/-, indefault to further undergo six months' like imprisonment by the learned Additional Sessions Judge, Sirohi vide his judgment dated August 31, 1977. He has come in appeal to challenge his conviction and Sentence. 2. Put briefly the prosecution case is 3. The prosecutrix P.W. 1 Kumari Mattu a young girl of 16-17 years of age lived with her parents and brothers In village Revdar. Her elder sister Maloo is married in a near by village Ranari. Mattu used to go to her elder sister. Accused Babu is a resident of village Ranari. She thus came to know the accused appellant and his relative Shanker alias Punga (co-accused). He opened a vegetable shop in village Revdar. In the late afternoon on 26 4.76, the prosecutrix and her brother Babu aged 10 years (P.W. 4) went to pluck tomatoes in their`Bari'situate in the river bed. At sunset, when they started to their home, the accused-appellant and Shanker came there. Accused Babu felled her down and tied her mouth with his hand kerchief. P.W. 4 Babu became frightened and went away weeping towards the village. The two accused took the proscutrix deep in the forest. There in a ditch, accused Babu committed sexual intercourse with her, against her will and without her consent. She raised protest and received multiple injuries on her body. The accused-appellant detained her in the Jungle throughout the night and committed sexual intercourse with her thrice. At dawn break, they took her towards village Ranari. Her brothers and other persons, who were in search of her met them in the way. Seeing them, the accused-persons ran away. The prosecutrix told them that she was raped by accused Babu. She was taken to her house, where she again narrated the incident to her mother. She was taken to Government Dispensary, Revdar where her medical examination was conducted. But the doctor refused to issue the medical certificate and demanded illegal gratification for it. She was taken to police station, Mandar Sirohi. But the police was also not I helpful to her. She was then taker, to Sirohi. where her medical examination was I conducted on 23. 4. 76 by the Civil Assistant Surgeon P. W. 9 Dr. But the doctor refused to issue the medical certificate and demanded illegal gratification for it. She was taken to police station, Mandar Sirohi. But the police was also not I helpful to her. She was then taker, to Sirohi. where her medical examination was I conducted on 23. 4. 76 by the Civil Assistant Surgeon P. W. 9 Dr. S. L. Singhvi, The ossification test was also conducted to ascertain her age. The doctor was of the opinion that her age was about 16 years. The doctor noticed a number of injuries on her person including the private parts. He was also of the opinion that rapt was committed upon her 4-5 days ago. He issued report Ex P. 15. The girl's brother Chopa (P.W. 2) presented written report Ex. P/1 to the Superintendent of Police, Sirohi. The Superintendent of Police directed the Station House Officer, I.P.S. Mandar to register a case. The police, Mandar accordingly registered a case 1 and proceeded with investigation The clothes of the victim were seized and sealed. Blood was found on them. The accused was arrested on 28.9.76. On the completion of investigation, the police submitted a challan against the accused appellant and Shanker in the court of the Chief Judicial Magistrate, Sirohi, who in his tun I committed the case for trial. The learned Additional Sessions Judge framed charge under section 376 I.P.C against accused Babu and under section 376/114, I.P.C. against accused Shanker alias Punga. Both the accused pleaded not guilty and faced trial. They raise the defence of complete denial. Accused Babu in statement under section 313 Cr. P. C stated that the relatives of the prosecutrix suspected him of having affairs with her. In the morning of 26.4.76, when he wag returning to his house, he was beaten by them. He instituted a criminal case against them which is pending trial. During trial, the prosecution examined nine witnesses and filed some document. In defence, two witnesses were examined. On the conclusion of trial, the learned Magistrate held the charge proved against both the accused persons. They were, consequently, convicted. Accused Shanker was found to be below 16 years of age. He was, therefore, released under the Probation of Offenders Act. Accused Babu was sentenced as mentioned at the very outset. 4. I have heard the learned counsel for the accused-appellant and the learned Public Prosecutor. They were, consequently, convicted. Accused Shanker was found to be below 16 years of age. He was, therefore, released under the Probation of Offenders Act. Accused Babu was sentenced as mentioned at the very outset. 4. I have heard the learned counsel for the accused-appellant and the learned Public Prosecutor. I have also gone through the case file carefully. 5. Before dealing with the contentions raised on behalf of the accused, it would be proper to examine the age of the prosecutrix and like allied matters. The prosecutrix was medically examined on 29.4.76 in Government General Hospital, Sirohi by the Civil Assistant Surgeon P. W. 9 Dr. S. L. Singhi. He deposed that on Examinations, he noticed the following injuries etc. 1. There was bruising and laceration of external genital organs. Swaling and inflammation were present to some extent. 2. The hymen was not intact but it was torn and lacerated, the edges of which did not bleed on touching. 3. The finger could be'easily passed into the vagina and the slide prepared from the vaginal secretion revealed five to six dead spermatozoa. 4. There were no marks of blood and seminal fluid on the clothes as she had appeared for examination after changing her dress as was stated by her. 5. There were few Public hair but not matted together. 6. Marks of violence were present on her body. There were ten linear abrasion scale on left leg situated longitudinally on all side varying in length from 10 cm, to 25 cm. Four linear abrasions a scale were situated longitudinally on right thigh anterior aspect varying from 6 cm. to 12 cm. Eleven linear abrasions a scale were situated on right leg situated longitudinally on all sides varying in length from 10 cm. to 20 cm, Seven linear abrasions a scale were situated longitudinally on right fore arm on all sides varying from 4 to 9 cm. Eight linear abrasions scale were situated on left forearm on all sides varying from 4 cm. to 7 cm. A pin point abrasion scale was there at the medial end of right lower eyelid. The doctor was of the opinion that rape had been committed on her about 4-5 days ago. 6. The ossification test of the prosecutrix was also made. The X-ray plate is Ex. P/14. to 7 cm. A pin point abrasion scale was there at the medial end of right lower eyelid. The doctor was of the opinion that rape had been committed on her about 4-5 days ago. 6. The ossification test of the prosecutrix was also made. The X-ray plate is Ex. P/14. It revealed that the medical and lateral epi-condyle had fused with the shaft humerus of the left elbow joint. The doctor was of the opinion that the age of the prosecutrix was about 16 years. Accepting this opinion, the learned trial Judge held that the prosecutrix was just above 16 years of age at the time of the commission of offence This finding has not been challenged in appeal by the learned Public Prosecutor. I will, therefore, examine the whole case bearing in mind that the prosecutrix was just above 16 years of age, when the offence of rape is said to have been committed with her. 7. Having examined the medical evidence the appeal may now be taken. 8. In assailing the conviction of the accused appellant, it was vehemently contended by his learned counsel that the prosecution has completely tailed to establish that sexual intercourse was committed with the prosecutrix. It was argued that even if it is accepted that sexual intercourse was committed with her by the accused, the circumstances clearly point out that it was with her will and consent. It was contended that the first information report was lodged nearly after 5 days of the alleged occurrence. There was no satisfactory explanation for this delay. This inordinate delay makes the entire prosecution story highly doubtful. In reply, the learned Public Prosecutor supported the judgement of the court below and submitted that there was impeached testimony of the prosecutrix corroborated by the medical evidence to prove that she was raped by the accused appellant. I have taken the respective contention into consideration. 9. Needless to say that the most important witness in a case of rape is the raped victim herself. Her testimony plays a decisive role in assessing the guilt of the accused. The prosecutrix Mattu deposed that in the late afternoon of the day of occurrence, she went with her brother Babu (P.W. 4) to pluck tomatoes in her `Bari'situate in the river bed. In the evening when she and her brother were to return, the accused appellant and Shanker came there. The prosecutrix Mattu deposed that in the late afternoon of the day of occurrence, she went with her brother Babu (P.W. 4) to pluck tomatoes in her `Bari'situate in the river bed. In the evening when she and her brother were to return, the accused appellant and Shanker came there. Accused Babu pushed her down and I tied her mouth with his handkerchief. Her brother became frightened and went away weeping towards the village. The two accused lifted her and took her in the forest. There they dropped her in a ditch. Accused Babu committed sexual intercourse with her against her will and without her consent. She started weeping and raised resistance. She received a number of injuries on her private parts. Accused Babu committed sexual intercourse with her thrice in that night and on all occasions against her will and without her consent. At the dawn break, the two accused took her to village Ranari. In the way, her brothers and relatives, who were in search of her, met them. Seeing them, the two accused ran away. She told her brother and other persons that the accused had committed rape upon her. She went to her bouse and there also, she narrated the incident to her mother. She was cross examined at length and she acquitted herself with success. On the whole, her testimony remained punctured and unimpaired. She had no animus against the accused appellant, so as to falsely implicate him. The trial judge was, therefore, correct ill concluding that the accused had committed sexual intercourse with her. It maybe mentioned that in the first information report Ex. P/9 A lodged by accused Babu against the relatives of the prosecutrix, he stated that prosecutrix Mattu had willingly stayed in his `Bari' in the night of occurrence. Therefore, there is no difficult; in concluding that the accused had committed sexual intercourse with her. 10. The next pertinent question, which arises for consideration is whether the sexual intercourse was committed against the will of the prosecutrix and with out her consent. The burden to prove the want of consent etc. is always on the prosecutrix. This burden never shifts to the accused. 11. 10. The next pertinent question, which arises for consideration is whether the sexual intercourse was committed against the will of the prosecutrix and with out her consent. The burden to prove the want of consent etc. is always on the prosecutrix. This burden never shifts to the accused. 11. The prosecutrix P.W. 1 Mattu categorically stated that the accused appellant and his companion forcibly took her in the forest and there in a ditch accused Babu committed sexual intercourse thrice with her against her will anil without her consent. She offered resistance and started weeping. Her medical evidence reveals that she had sustained a number of injuries. Marks of violence anil injuries were found on her private parts right thigh and right leg and left for ear. The J first and foremost circumstance generally expected in a case of rape, in the evidence of resistance from the victim. If the victim is unwilling to yield to sexual intercourse, she is expected to receive injuries on her person. The absence of injuries on the body of the prosecutrix, generally, gives rise to an inference that she was a willing and consenting party of to coitus. Here, in the instant case, the prosecutrix sustained multiple injuries on the various parts of her body. That indicates that she offered resistance when she was subjected to sexual intercourse. The resistance is offered only when the victim of a rape is not a consenting party. 12. There is yet another important factor, which shows the absence of I consent on the part of the prosecutrix. The medical evidence shows that she was virgin up to the time, rape was committed upon her. It is difficult to imagine that an unmarried girl would willingly surrender her virtue to the miscreant, In Sultan v. Emperor, (A.I.R. 1925) (Lahore 613) , it was observed that the fact, that the girl was VTRGIN INTACT upto the date of occurrence is a very strong proof against the consent. 13. The consent or absence of it is generally gathered from the attendant circumstances in a given case. The circumstance, in the instant case that the girl was taken in the forest and was kept throughout the night, strongly suggests that the prosecutrix was not a consenting party to the act of sexual intercourse. There is nothing to suggest that the prosecutrix wanted to have a good time with the accused. The circumstance, in the instant case that the girl was taken in the forest and was kept throughout the night, strongly suggests that the prosecutrix was not a consenting party to the act of sexual intercourse. There is nothing to suggest that the prosecutrix wanted to have a good time with the accused. Virginity is the most precious possession of an unmarried Indian girl. She never willingly parts away with this proud and precious possession, at least in the manner and circumstance of the instant case in hand. The learned trial Judge was, therefore, justified in concluding that the sexual intercourse was committed with the prosecutrix against her will and without her consent. The contention of the accused that the prosecutrix was a willing or consenting party to the act of coitus, is wholly untenable. 14. An attempt was made by the learned counsel to impress that the delay in lodging the first information report renders the prosecution story of rape highly suspicious. It is true that the offence was committed in the night between 25/ 26. 4. 76 and the report (Ex. P/1) was presented to the Superintendent of Police, on 30.4.76. Thus, there was a delay of four days. However, the delay has been satisfactorily explained. The doctor at Revdar was not helpful to the prosecutrix as she was unable to meet his demand of illegal gratification. It appears that the police, Mandar also showed a like warm attitude towards her. It was only on the direction of the Superintendent of Police that the case was registered. The delay in lodging the first information report is, thus satisfactorily explained and is not fatal to the prosecution. Generally, no young girl comes forward to make a humiliating statement against her honour of having been raped unless it is true. 15. It was next argued that there is no independent corroboration of the testimony of the prosecutrix. It would be, therefore, not free from risk in convicting the accused on her sole testimony. I again find the contention barren. The prosecutrix in a rape case is not an accomplice and, therefore, the rule requiring corroboration of accomplice's evidence does not apply to her testimony. The testimony of the prosecutrix in the instant case is so pure, serene and unblemished that a conviction can be safely based on it. I again find the contention barren. The prosecutrix in a rape case is not an accomplice and, therefore, the rule requiring corroboration of accomplice's evidence does not apply to her testimony. The testimony of the prosecutrix in the instant case is so pure, serene and unblemished that a conviction can be safely based on it. Moreover, as discussed above, the medical evidence affords a very strong piece of corroborative evidence to her testimony. 16. No other contention was raised before me. The accused was rightly convicted. The sentence of three years in a rape case can not be taken to be harsh or heavy. 17. In the result, the appeal of accused Babu is dismissed. He was on bail during the pendency of the appeal and is absent today. He is directed to surrender himself within 15 days before the learned Additional Sessions Judge, Sirohi. In case, he fails to do so, the learned Judge will issue a warrant of arrest to secure his presence and commit him to jail to serve out the unexpired portion of his sentence.Appeal dismissed. *******