K. N. SHUKIA, J. ( 1 ) APPELLANT Kishanlal, a shop keeper, aged about. 40 years has been convicted under section 376 I. P. C. for committing rape on Vimlabai, a girl aged about 12 years and has been sentenced to undergo four years rigorous imprisonment. ( 2 ) PROSECUTRIX Vimlabai had lost her father and her mother Sukhiyabai (PW 3) had started living with one Shyamal at Champa. It appears that Vimlabais step father was not treating her properly and therefore, her mother Sukhiyabai got her employed at the house of the appellant at Seoni which is at a distance of about have kilometers from Champa. The appellant used to sleep in his own house while his son slept in the shop. Vimlabai used to sleep in the same room where the appellant slept at night. On the night of the incident i. e. 9. 11. 1981, the appellant is said to have carried the prosecutrix to his bed and forcibly raped her. The child felt pain and started crying on which the appellant threatened her. After sometime he left her when Vimlabai requested him that she may be allowed to go for making water. There was bleeding also while rape was committed. Vimlabai could escape from the house of the appellant on 12. 11,1981. She got a Rikshaw and Antu (P. W. 4), the rikshawala took her to her mother's place at Champa. Vimlabai informed her mother about the act committed by the appellant and on that very day report of the incident was lodged by Vimlabai. The girl was sent for medical examination. Dr. Alka Deshmukh (P. W. 2), lady Assistant Surgeon, examined her. There was an old central perineal tear (between the anus and vagina) and granulation tissues were seen. In reply to a query she reported that the duration of the perineal tear was within about five days from the date of the medical examination. The girl was sent for radiological examination. Dr. G. K. Rahalkar (PW 8) reported on the basis of ossification test that the age of the girl was between 10 to 14 years. On, the basis of this evidence the appellant was charged under section 376 I. P. C. for committing rape on Vimlabai. ( 3 ) THE appellant denied the charge and pleaded that he was innocent. ( 4 ) FIRST thing is about age. On, the basis of this evidence the appellant was charged under section 376 I. P. C. for committing rape on Vimlabai. ( 3 ) THE appellant denied the charge and pleaded that he was innocent. ( 4 ) FIRST thing is about age. Besides the statement of the mother, statement of Dr. Alka Deshmukh about physical appearance of the prosecutrix clearly indicated that she was a child aged about 12 years and not more. The physical characteristics described by Dr. Alka Deshmukh fully supported this opinion about; age. The same was confirmed by the ossification test conducted by Radiologist Dr. Rahalkar. It is not necessary to dilate on this question because the evidence is clinching to the effect that Vimlabai was not more than 12 years old when the alleged incident took place. ( 5 ) NEXT question is whether the appellant committed the sexual intercourse with her. The statement of Vimlabai is so vivid and convincing that no further corroboration would have been necessary for as inferring the guilt of the appellant. However her mother Sukhiyabai and even Antu (P. W. 4), the rikshawala (who initially tried to hedge but in cross-examination by the prosecutor stated the truth) corroborated Vimlabai's testimony. Vimlabai's conduct in running away from the house at the first possible opportunity and informing the rikshawala whose help she sought for reaching her mothers place bears eloquent testimony to her truthfulness. Statement of Dr. Alka Deshmukh clearly indicated that the old central parietal tear about 12 x 1/2 x 1/2. was about five days old and granulation tissues were seen. This also coincided with the date of the incident and fully corroborated the statement of Vimlabai. The report showing that the hymen was not intact proved that there was penetration and the offence of rape was complete. ( 6 ) LEARNED counsel for the appellant tried to suggest that the alleged incident did not take place where the girl was living in the house of the appellant. He read out the statement of Vimlabai and her mother Sukhiyabai to the effect that Vimlabai had gone to the house of the appellant three or four days before a DIWALI and the act of rape was committed about three days after DIWALI. DIWALI had fallen on 27. 10. He read out the statement of Vimlabai and her mother Sukhiyabai to the effect that Vimlabai had gone to the house of the appellant three or four days before a DIWALI and the act of rape was committed about three days after DIWALI. DIWALI had fallen on 27. 10. 1981 and by process of arithmetical calculation the learned counsel tried to show that Vimlabai must have been ravished on or, about 30. 10. 1981. This argument has been advanced to show that the allegation about rape on 9. 11. 1981 was not true. I do not think that such an argument can be of any assistance to learned counsel. The trial Judge was justified in holding that the time, date etc. given by the illiterate witnesses have to be read by giving a large margin for their ignorance in respect of time or date. The prosecutrix and her mother are illiterate women and by such arithmetical calculation about the possible c date of the incident their testimony cannot be doubted or rejected. ( 7 ) THUS, I find that the statement of Vimlabai if closely read shows that she is a witness of truth and has been amply corroborated, if corroboration was all necessary. Appellants conviction under section 376 Indian Penal Code is, therefore confirmed. ( 8 ) APPELLANT has been sentenced to four years R. I. Though he has committed a grave crime, I think that the sentence can be reduced and same compensation can be suitably awarded to the victim because that will be more fare to her than long period of imprisonment to the appellant. The sentence is, therefore, reduced to two yearst R. I. and a fine of Rs. 2,000/. In default to payment of fine the appellant shall undergo six months R. I. The fine should be deposited within a month from today and the same should be given as compensation to prosecutrix Vimlabai by opening a fired deposit account in her name to be payable on her attaining majority. Appellant is on bail. His bail bonds are cancelled and it is directed that fie shall surrender to his bail before C. J. M Bilaspur forthwith to serve the remainder of his sentence of imprisonment. .