V. D. GYANI, J. ( 1 ) THIS is an appeal against acquittal. The accused-respondent has been acquitted of a charge under section 377, IPC by the lower appellant Court. ( 2 ) SHORT facts of the case are that on 11th October, 1976 arround 12 in the niciht the accused who was a Police constable picked-up a boy, Chand Khan (P. W. 7), aged about 16 years from Railway Station, Jaora, under the pretext that be was a suspect pickpocket and was required to be taken to the Police Station. The accused asked him to accompany him and he took him on his bicycle on his quarter in the campus of Sarafa Chowki, Jaora. He brought some Namkeen (savoury) which both of them had taken. The accused left for a while saying that he would bring PAN but suspecting his intention, Chand Khan came out from room and proceeded towards Tal Naka but the constable followed him on a bicycle and again brought him to the quarter. The door was bolted from inside. He removed his to trousers and also that of Chand Khan and committed sodomy. After cleaning the anus with a piece of cloth, the accused was asked by him put on his trousers and lie down on the cot. In the meanwhile somebody knocked the door. The was a Chimni light. The accused threatening him not to come out from mosquito net. On opening the door, he saw that some Police Officer had come. Chand Khan was a helper mechanic in Mahi Dem, Banswara. He had come by Khandwa - Ajmer train at Jaora around 11 p. m. to visit his father's sister, but he went to he house, he found her house locked so he returned to the Railway Station where he was lying on the bench of waiting room when the constable came there. ( 3 ) THE Circle Inspector, Police received a telephonic message from one Prakash Chand Chhazed informing him that constable Rampal Singh was committing an unnatural act with a boy. On the basis of this information, which was recorded in the general-dairy at Sanha No. 709 and 710, the Circle Inspector, police reached the Police Station. The S. D. O. Police had also arrived at the Police Station by that time. A large number of people had gathered at the Police Station. On the basis of this information, which was recorded in the general-dairy at Sanha No. 709 and 710, the Circle Inspector, police reached the Police Station. The S. D. O. Police had also arrived at the Police Station by that time. A large number of people had gathered at the Police Station. Taking witnesses, he proceeded to the quarter of the accused. He knocked at the door, which was opened by the accused after five-seven munites. On being asked, if there was any else except him in the room the accused replied in the negative. A small Chimni light was there in the room. On removing the mosquito net, the boy was found lying. On being questioned, he narrated the above story. A Panchnama, search-memo, Ex. P-3, was prepared on the spot. The boy was immediately sent for medical examination who was examined by Dr. C. B. Mishra (P. ,w. 1), whose medical examination report is, Ex. P-1. As per this report, whites stain of skin over sacral region were found in an area of 4 cm x 3 cm. His underwear was also found with soaked and dried patches. ( 4 ) THE accused was also arrested, vide arrest-memo Ex. P-10, and sent for medical examination. He was also examined by Dr. Mishra, who found no staining around penis. His underwear were also found stained with dried patches, it was kept for examination. Both these articles were sent for Chemical Examination and as per report, Ex. P. 6, of the Chemical Examiner these articles were found to be stained with semen. ( 5 ) ON completion of investigation, the accused was prosecuted and tried for offence punishable under section 377, I. P. C. He pleaded not guilty to the charge. His defence was that he had been falsely implicated in the case. ( 6 ) G. The prosecution examined as many as ten witnesses to prove the charge. The trial Court found him guilty of the offence and sentenced him to under go rigorous imprisonment for two years with fine of Rs. 200/ -. On appeal, the Additional Sessions Judge, acquitted him of the charge. It is in these circumstances that the present appeal has been filed by the State. The trial Court found him guilty of the offence and sentenced him to under go rigorous imprisonment for two years with fine of Rs. 200/ -. On appeal, the Additional Sessions Judge, acquitted him of the charge. It is in these circumstances that the present appeal has been filed by the State. ( 7 ) SHRI Pawnekar, learned Panel Lawyer appearing for the appellant-State has assailed the findings recorded by the lower appellate Court in acquitting the accused as most unreasonable and perverse while Shri Jai Singh, learned counsel appearing for the accused-respondent has supported the same. ( 8 ) THE main ground of acquittal, as recorded by the lower appellate Court is, that the testimony of Chand Khan is not corroborated by other witnesses. Shri Pawnekar, learned Panel Lawyer appearing for the appellant-State, submitted that the approach of the learned Judge was palpably wrong. There is ample corroboration from medical evidence and the Chemical Examiners report, Ex. P-G, and promptly lodging of F. I. R. , Ex. P-5, and medical examination itself offered ample corroboration. It was also submitted that Hi the very nature of the case is such that it does not admit of any other type of corroborative evidence. In such cases, committed within the four walls and in dark, it was too much to expect corroboration from eye-witnesses. The submission made by the learned counsel deserves to be accepted as it is well-founded. ( 9 ) SHRI Jai Singh, learned counsel appearing for the accused-respondent submitted that even corroboration from medical evidence is not sufficient to sustain conviction. This submission cannot be accepted. ( 10 ) THE learned counsel placed reliance on a decision as reported in Arjunsingh v. State of M. P. A mere reading of this judgment would show that no stains were noticed over the anal region or the surrounding area, such is not the case here to. ( 11 ) PLACING reliance on a decision as reported in Rahim Beg v. State of U. P. , learned counsel submitted that presence of semen stains, on the under garment would not necessarily connect the accused with the offence. ( 11 ) PLACING reliance on a decision as reported in Rahim Beg v. State of U. P. , learned counsel submitted that presence of semen stains, on the under garment would not necessarily connect the accused with the offence. A mere reading of paragraph 25 of the judgment would show that the Supreme Court did not act on the evidence of semen stains as found on the Langot because the Langot in question was dirty at the time it was taken into possession and it cannot be said as to how old was the semen stain on the Langot. In the case at hand, if the evidence is viewed in its totality, there is absolutely no such infirmity so as to disbelieve the findings recorded by the doctor and further confirmed by Chemical Examiners report. ( 12 ) THE Lower Appellate Court placing reliance on the opinion expressed by Modi in his Medical Jurisprudence and Toxicology, 16th Edition, at page 347, has held, that in absence of any external injuries, the accused could not be found guilty of the charge. This conclusion arrived at by the lower appellate Court cannot be subscribed and supported for two reasons; firstly, that what is stated in the Text Book by Modi was not put to Dr. Mishra and such views expressed in Medical Text Book without being confronted to the witness concerned could and should not be made use of (Masji Tato Bawool v. State of Maharashtra), and, secondly, there are other positive findings recorded by Dr. Mishra which stand confirmed by the Chemical Examiners report Ex. P-6. Thus, the conclusion arrived at by the Lower Appellate Court is absolutely without any basis and cannot be upheld. ( 13 ) APART from the lack of marks of external injuries, the Lower Appellate Court has made use of Chand Khans statement to the effect that prior to this incident, no one else had committed such an unnatural act with him. It was for this reason, that external marks of injury, were expected to be found and absence of such marks,. led the learned Judge to infer consent on the part of the passive agent. Ignoring the fact that in case of unnatural offences consent is hardly of any consequence, the learned Judge has observed that the evidence of such a witness must be accepted with caution and subjected to a close scrutiny. led the learned Judge to infer consent on the part of the passive agent. Ignoring the fact that in case of unnatural offences consent is hardly of any consequence, the learned Judge has observed that the evidence of such a witness must be accepted with caution and subjected to a close scrutiny. It may be added, that the evidence. of Chand Khan does not suffer from any infirmity. It stands the test of closest scrutiny. It is further corroborated by medical evidence and the Chemical Examiner's report, Ex. P-6. Even the passage quoted by the learned Judge in this Judgment, does not help the accused. It seems that the views expressed by Modi have been made use of, wholly out of context. ( 14 ) IN view of the foregoing discussion, this appeal deserves to be accepted and is accordingly accepted. The acquittal, as recorded by the Lower Appellate Court, is liable to be set-aside and is accordingly set-aside. The accused-respondent is found to be guilty of offence punishable under section 377, IPC. The conviction and sentence as recorded by the trial Court, rigorous imprisonment for two years with fine of Rs. 200. 00, are maintained. The accused-respondent shall surrender to his bail-bonds to undergo the sentence. The appeal stands allowed. Appeal allowed.