JUDGMENT 1. - The accused appellant has been tried for the offences under Sections 366, 376 & 323, IPC and he has been found guilty for these offences and has been sentenced to 5 years' R.I. under Sections 366 & 176. IPC, and 6 months' R.I. U/s 323, IPC. The occurrence is alleged to have been committed in the year 1982. 2. Learned Public Prosecutor submits that the accused-appellant, since the date of his arrest and looking to the quantum of sentence awarded by the trial Court, appears to have already undergone the impugned sentences and this appeal has virtually become infructuous. He merely stated that the accused-appellant has committed a heinous offence and no leniency should be shown in favour of the accused-appellant. 3. Learned Amicus Curiae reiterated the pleadings as have been taken before the lower court and stressed that on the basis of the findings arrived at by the trial court, no conviction is sustainable. 4. Trial court, after an elaborate discussion and appreciation of evidence, found that Bharosi Bai was beaten causing assault on her parts including vital ones by blunt side of a gandasi; abducted and outraged by committing sexual intercourse a number of times without her consent by the appellant on 13.4.1982 on the way when she was going in a cart to her village Phulia from Motipura railway station. And, it held the appellant guilty of offences under Sections 323, 366 & 376, IPC. 5. The defence case was that Bharosi Bai had been engaged to the appellant and she had made a plan to move with him at her own will and consent. The defence version was rejected by the trial Court on the conclusion that nothing has been brought out from the cross-examination of any of the witnesses to establish that Bharosi Bai has been engaged with the appellant and she had moved with her consent to accompany the appellant, rather there are circumstances in the evidence to belay the defence case. Had Bharosi Bai moved at her own consent with the accused, then why did she resist and decline the appellant to accompany him and what necessitated the appellant to inflict blunt side of gandasi blow upon her person. Moreover, had she moved with the appellant as a consenting party, why did she send a message to her father to fetch her from railway station by sending a cart. Moreover, had she moved with the appellant as a consenting party, why did she send a message to her father to fetch her from railway station by sending a cart. Other defence plea was that Bharosi Bai exaggerated the story by putting more facts in evidence before trial Court other than not stated in the F.I.R. and in her police statement. The trial Court concluded that this cannot be sufficient to discard her whole testimony inasmuch as the evidence which conclusively bring the guilt home to the appellant basing conviction for the offences charged. 6. Having considered the contentions raised and perused the judgment under appeal as well as the evidence brought on record, I find that the prosecution has given a vivid picture as to what happened on that fateful day resulting in commission of the offences at the instance of the appellant and it has been corroborated by independent witnesses, Bharosi Bai, Bhagwan Singh. Laxmi Chand and medical evidence, on all material particulars sufficiently to base conviction u/ss. 323, 366, & 376, IPC against the appellant. The evidence uniformly shows that the prosecutrix was virtually dragged from the cart (whereupon she was riding to her village) to the bushes in the jungle after causing injury on her person by blunt side of gandasi, and while on way, she was slapped, kicked & dragged by the appellant whenever she resisted throughout the way, and in this manner she was moved out of cart without her consent and with threats of dire consequences forcibly and abducted with intent to fulfil sex lust by the appellant and further she was outraged thrice against her will by the appellant thereby she received fatal injuries on her private parts and vital parts as is evident and proved by the medical evidence brought on record. There was corroboration to her evidence from witness and intrinsic circumstances. The medical evidence also lent corroboration. There was corroboration to her evidence from witness and intrinsic circumstances. The medical evidence also lent corroboration. The tear in the posterior wall of the vagina, labia majora on both sides was bruised and swollen, the forchette and posterior commessure of the vagina was torn, the internal wall of the vagina was inflammed, the vagina with its upper part was bruised she complained of severe pain during examination & also complained inability to pass stool and urine in addition to even walk and unsteady gait ; and scratches and bruises on buttocks and lateral sides of the thighs corroborated her case of sexual assault violently as well as infliction of blow by blunt side of gandasi and her abduction. Evidence of doctor about the condition in which she was seen and the evidence of the doctor regarding nervous symptoms, fatigue and disoriented state of mind lent corroboration to her evidence. 7. It is settled law that if the prosecutrix is an adult and of full understanding the court is entitled to base conviction on her evidence unless the same is shown to be infirm and not trustworthy and that apart, if the totality of the circumstances appearing on the record of the case disclose that the prosecutrix does not have a strong motive to falsely involve the offender, the Court should have no hesitation in accepting her evidence. 8. Appreciating the prosecution evidence in correct perspective, the conclusion is that the prosecutrix succeeded in proving appellant's guilt. Thus, the findings arrived at by the trial court basing conviction against the appellant under Sections 323, 366 & 376. IPC is quite positive and equally correct rather reasonable and not perverse and therefore, it needs no interference. 9. Lastly, learned Amicus Curiae, submitted that the sentence awarded to the appellant is severe and calls for reduction. I am unable to subscribe his views. Looking to the amendment made in the provisions of minimum sentence of ten years for conviction under Section 376, IPC, in extenuating circumstances where the appellant is proved to have committed sexual intercourse violently on the person of the prosecutrix without her will, the learned trial court has awarded the sentence of 5 years which does not appear to be severe or exorbitant. No reduction is called for. 10. In the result, the appeal of the appellant is hereby dismissed upholding the judgment of the trial Court. No reduction is called for. 10. In the result, the appeal of the appellant is hereby dismissed upholding the judgment of the trial Court. Appellant is said to have undergone 5 years RI in prison. If it is so, the Central Jail Jaipur and District Jail Kota are directed to release the appellant forthwith in case he is still in prison. 11. Record of the case be returned back forthwith.Appeal Dismissed. *******