Judgment SOBHAGMAL JAM, J. ( 1 ) THIS appeal sent through the jail is directed against the judgment dated January 6, 1986 of the Sessions Judge, Balotra, convicting and sentencing the accused for the offence under section 376, I. P. C. to 10 years R. I. and a fine of Rs. 500/in default Of payment of fine to further R. I. for three months. ( 2 ) THE incident took place on June 3, 1985 at about 1. 30 a. m. on the bank of river outside the village Silor, Tehsil Siwana, Distt. Barmer. The victim of the crime was Miss Kamla aged about 8 years. She had gone to graze cattle and was under a Neem tree and was enjoying Nimbolia (Neem fruits ). According to the prosecution, accused Khiv Singh came there and asked her to accompany him to the temple to offer Prasad. She was taken behind the bushes where the accused committed rape upon her. Kamla cried and bleeded profusely. Her cries attracted one Jeesa there. On this the accused released her. He then left the place and ran away. Kamla went to her house and narrated the incident to her father Shri Jas Raj. A report of the occurrence was lodged to same day at 2. 45 p. m. at Police Station, Samadari, by Jas Raj on which a case under section 376, IPC was registered against the accused and investigation started. On June 3, 1985, the girl was sent for medical examination to Dr. Ganpat Singh, Medical Officer, Primary Health Centre, Samdari. The doctor found that the clothes of Kamla were soiled with mud and clotted blood. The breast of the girl had not developed; no pubic hair or auxiliary hair on her body. The second and third molar teeth were absent. According to the doctor the age of girl was 9 to 11 years. The doctor found the following injuries on her body: 1. A tender swelling measuring 6 X 4 c. m. with rounded abrasion over its surface on the moss pubis. 2. A liner abrasion 3 cm. long On the lateral aspect of middle of the left side of chest. ( 3 ) A lacerated wound directed anteroposteriorly placed over the posterior wall of vagina and measuring 31/2 X 1 X 1/2 cm and extending upto hymen. 2. A liner abrasion 3 cm. long On the lateral aspect of middle of the left side of chest. ( 3 ) A lacerated wound directed anteroposteriorly placed over the posterior wall of vagina and measuring 31/2 X 1 X 1/2 cm and extending upto hymen. ( 4 ) POSTERIOR part of hymen was raptured and was continuous with injury to posterior vaginal wall. Margins of hymen were found red and swollen and it admitted little fingure with pain. about:blank 18-07-2008 ( 5 ) LIBIA majora and minora were red and swollen. External os was found healthy. No bleeding through external os was detected. There was no evidence of injury on anal wall and there was no evidence of veneral disease. 3. The doctor opined that rape was committed upon the girl The accused Khem Singh was arrested and was examined by the same doctor the same day at 7. 00 p. m. The doctor found that the age of the accused was between 15-17. The accused was of average built. He had thick growth of public, scrotal and axillary hair. He had a beard and moustaches. The doctor also noticed a round abrasion 0. 5 cm over the anterior aspect of the right hand. Smegma was not present. As per the doctor, it was possible that the accused had inter course within 24 hours. Upon completion of investigation the accused was challaned in the Court of Munsiff and Judicial Magistrate, Siwana, who committed the case to the Court of Sessions for trial. The accused was charged under section 376, IPC. He pleaded not guilty and claimed to be tried. 4. After trial, the learned Sessions Judge has convicted and sentenced the accused as aforesaid for the offence under section 376, IPC to 10 years R. I. and a fine of Rs. 500/ -. After a elaborate discussion of the evidence of the witness the learned Sessions Judge held that the evidence of Kamla was reliable and was also corroborated by the evidence of Jas Raj and Dr. Ganpat Singh. The Sessions Judge held that the age of the girl was between 8 to 11 years and the crime of the accused was quite heinous. He, therefore, awarded a sentence of 10 years R. I. and fine to the accused for the offence under section 376, IPC. Ganpat Singh. The Sessions Judge held that the age of the girl was between 8 to 11 years and the crime of the accused was quite heinous. He, therefore, awarded a sentence of 10 years R. I. and fine to the accused for the offence under section 376, IPC. Aggrieved by the order of the conviction and sentence, the accused has preferred the present appeal to this Court through jail. 5. As the accused was un-represented, Shri C. C. Jam, Advocate was appointed as an Amicus curiae to argue this appeal on his behalf. ( 6 ) I have heard Shri C C. Jam, Amicus Curiae, for the accused and Shri B. C. Bhansali, Public Prosecutor for the State. I have been taken through the statements of Smt. Kamla, Jas Raj and Dr. Ganpat Singh and other evidence on record. Smt. Kamla has stated that on the date of the occurrence she had gone with the cattle for grazing them in the jungle. When she was taking Nimboliya under a Neem tree the accused Khema came there and asked her to accompany him to the temple for offering Prasad. She was taken behind the bushes where the accused committed rape upon her. She cried but he placed his hand on her mouth. She saw one Jeesaji coming from the other side. On this, the accused released her, left the place and ran away. She went to her house and narrated the incident to her father. The evidence of this witness is clear and straightforward. She was a child witness but understands the meaning of truth. Nothing has been brought in cross-examination to detract her testimony. Her evidence inspires confidence and can be safely relied upon. Moreover, her testimony finds support and corroboration from the evidence of her father Jas Raj to whom she narrated the incident immediately after the occurrence. Her evidence is also corroborated by Dr. Ganpat Singh, who examined her body and opined that rape had been committed upon her. She was found to be between 9-11 years. In my opinion the evidence adduced by the prosecution is sufficient to sustain the finding of the Sessions Judge that rape was committed upon the girl Kamla by the accused in the jungle on June 3, 1985. Ganpat Singh, who examined her body and opined that rape had been committed upon her. She was found to be between 9-11 years. In my opinion the evidence adduced by the prosecution is sufficient to sustain the finding of the Sessions Judge that rape was committed upon the girl Kamla by the accused in the jungle on June 3, 1985. He was rightly convicted for the offence under section 376, I. P. C. In the circumstances of the case the sentence of 10 years awarded about:blank 18-07-2008 to the accused also does not deserve to be interfered with by this Court. ( 7 ) THERE is no merit in the appeal and the same is hereby dismissed. Appeal dismissed.