Judgment GUMAN MAL LODHA, J. ( 1 ) ANWAR Hussain has filed this appeal against the judgment dated July 28, 1978 of the learned Sessions Judge, Marta, whereby he convicted the accused-appellant under section 376, I. P. C. and sentenced him to three years rigorous imprisonment and a fine of Rs. 2000/-, and in default of payment of fine to further undergo rigorous imprisonment of three months. ( 2 ) ON September 3, 1976, Jeevan, son of Ruga, by caste Mali, resident of Alniyavas, lodged a report before the Police Station, Chanwala mentioning that his wife was grazing cattle on September 2, 1976 in the day-time at 10 A. M. At that time, Anwar Hussain came there and forcibly took her and committed rape on her. After usual investigation, challan was filed and on conclusion of the trial, the accused has been convicted as mentioned above. ( 3 ) LEARNED counsel for the accused has argued that the conviction of the accused cannot be sustained because of the various infirmities. It was pointed out that firstly there were no marks of injuries on buttock and back-side of the prosecutrix, which were natural in this case, as the sexual intercourse was committed forcibly it was also pointed out that there were no marks of struggle on the spot where the rape is alleged to have been committed. It was also pleaded that the theory of using the knife prima facie, appears to be absurd and is not corroborated by any evidence whatever. The delay in lodging the F. I. R. was also emphasized. It was also argued that the present was a case of sexual intercourse by consent. In this connection it was pointed out that one of the prosecution witnesses has deposed that the prosecutrix went out on that very day otherwise she remains in home and further the prosecutrix and the accused were known to each other so much so that the prosecutrix observes Parda with others, but she was never observing Parda with this particular accused. ( 4 ) MR. Bhati has vehemently opposed this appeal. Mr. Bhatis submission is that from the medical evidence it is shown that the lady was pregnant having child of about five months and she also received some injuries. Mr. ( 4 ) MR. Bhati has vehemently opposed this appeal. Mr. Bhatis submission is that from the medical evidence it is shown that the lady was pregnant having child of about five months and she also received some injuries. Mr. Bhati also submitted that merely because the prosecutrix and the accused were known to each other and are knowing each other, the court cannot jump to the conclusion of consent. ( 5 ) I have given my serious and thoughtful consideration to the rival contentions of the parties and have also considered the relevant record pointed out to me by the learned counsel. ( 6 ) THE prosecutrix is a married lady and it is not unnatural in India that the police report is lodged in cases of rape after giving serious thinking by the family members whether to expose or not to expose oneself in the society because the society looks down the victim instead of having sympathy. In view of this, no capital can be made out of the so called delay in lodging the F. I. R. ( 7 ) SO far as the question of consent is concerned, I am unable to draw the inference as suggested by the learned counsel simply because according to one of the prosecution witnesses, the accused was known to the prosecutrix or even because the prosecutrix did not observe Pardat with the accused. ( 8 ) THE important feature in this case is the medical evidence and the same is very significant and cannot be brushed aside. P. W. 1 Dr. R. P. Soni has stated that there were marks of sharp weapons injuries in linear fashion on the abdomen; there were swelling on Labia Majora and Minora there as slight bleeding of black colour. There were slight abrasions inside the vaginal walls. The Doctor came to the conclusion after clinical examination that abnormal intercourse, which he described as rape-type, has been conducted with this lady by some adult man. According to him, the lady was having pregnancy of five months. ( 9 ) THE statement of Mst. Geeta as P. W. 1 gives a graphic description of the alleged offence of rape and the same inspires confidence. She was crying and when the accused ran away, her husbands brother came and rushed towards the accused, but the accused escaped. According to him, the lady was having pregnancy of five months. ( 9 ) THE statement of Mst. Geeta as P. W. 1 gives a graphic description of the alleged offence of rape and the same inspires confidence. She was crying and when the accused ran away, her husbands brother came and rushed towards the accused, but the accused escaped. She described the story to her husband when he came and then, they went to his father in the village and thereafter lodged the report on the next day. Jeevan, the husband of Mst. Geeta has corroborated that when he came, his wife narrated the story and then they went to the parents and thereafter lodged the report next day. Statement of Poonaram, who is a boy of 10 years, which was relied on by the counsel for the appellant may also be considered. He has mentioned that Jeevan is his maternal uncle and that Anwar came to him to enquire about the prosecutrix and then he went away. He has also stated that the prosecutrix neither used to speak with Anwar nor the accused used to come. Even from this statement, no inference of consent can be drawn. Pabu P. W. 6 has corroborated the prosecutrix when he states that Geeta was abusing Anwar and Anwar ran away. He tried to catch the accused but he could not be caught and he ran away. Suvalal P. W. 7 also heard the cry of Mst. Geeta. He has been declared hostile. ( 10 ) THE above evidence, in my opinion, provides clinching proof of offence of rape and neither the theory of consent nor the theory of concoctation can be spelt out. The fact that the marks of struggle have not been found on the spot is insignificant because this depends upon the nature of the place where the offence is committed. After-all it was not wrestling, but it was a case where, an adult taking advantage of lonely ladys presence, forcibly satisfied his sexual lust and the lonely lady could not resist as she was carrying pregnancy of five months apart from being of weaker sex in comparison to the adult male member. I am, therefore, convinced that there are no inherent improbable contradictions in the prosecution case. ( 11 ) CONSEQUENTLY, the appeal fails and is, hereby, dismissed.