JUDGMENT Bhawani Singh, J.—This appeal is directed against the Judgment of Additional Sessions Judge, Solan, in Sessions Trial No. 7-S/7 of 1988 dated 29-4-1989. The accused has been convicted under section 376 of the Indian Penal Code and sentenced to rigorous imprisonment for seven years and a fine of Rs. 3,000 and in default of the payment of the same, to suffer further rigorous imprisonment for six months. 2. Briefly, the prosecution case is that Kumari Champa had gone to the jungle to graze the cattle and while she was coming back with a bundle of fuel wood on her head, the accused intercepted her. He dragged her and raped her. After committing the crime, he ran away from the scene, Shrimati Amkoo Devi (PW 7) could locate her only when she was called to the place by the prosecutrix who was found there in a deplorable condition. Her shalwar had been taken away by the accused with the result that Amkoo Devi used her shawl to protect the prosecutrix. She was brought home where the prosecutrix narrated the incident to Shrimati Amkoo Devi, her father Anant Ram (PW 2) and her mother. The matter was reported to the Pradhan, Gram Panchayat, Shri Sant Ram (PW 4), Paras Ram (PW 5) and a few others of the village. The matter was reported to the police on 6-2-1988. The police commenced the investigation, recorded the statements of various witnesses, arrested the accused and also recovered the shalwar (Ex. PB>, as a consequence of the disclosure statement by the accused, at a short distance from the place of occurrence where it has been concealed by the accused after the commission of the offence. On completion of the investigation, the accused was tried for an offence under section 376 of the Indian Penal Code, He has denied the commission of the offence and has stated that the case has been falsely initiated on account of enmity between him and the family of the prosecutrix The enmity stated by him relates to his illicit relations with the sister-in-law of the prosecutrix, Shrimati Amkoo Devi (PW 7). He has also examined three witnesses in his defence. The matter ultimately ended in the aforesaid conviction and sentence of the accused, hence this appeal by him to assail the same. 3. He has also examined three witnesses in his defence. The matter ultimately ended in the aforesaid conviction and sentence of the accused, hence this appeal by him to assail the same. 3. While admitting the appeal on 30-6-1989, show-cause notice was issued to the accused asking him to show-cause why punishment be not enhanced to life imprisonment In pursuance of this notice, the accused appeared in the Court on 8-8-1990 and submitted that he would make his submissions through his Counsel, Shri M. G. Chitkara, at the stage of the final hearing of the matter. 4. Shri J. K. Verma, who appears for Shri M. G. Chitkara, argued the case in defence of the accused quite dexterously. Evidence in the case was read in extenso. It was contended by the learned Counsel that the prosecution has not been able to substantiate the charge against the accused, therefore, he deserves to be acquitted, I see no force in this submission. 5. Evidence discloses quite conclusively that on the date of the occurrence the prosecutrix had gone to the jungle alongwith Shrimati Amkoo Devi (PW 7) to graze the cattle. Shrimati Amkoo Devi was busy in collecting the fuel wood while the prosecutrix was looking after the cattle and at about 5 or 5.30 p, m., the prosecutrix started taking her cattle towards her home all alone since Shrimati Amkoo Devi was to follow her later. The prosecutrix states that while coming home she was carrying fuel wood on her head when she was intercepted by the accused. She was asked by him that be may be allowed to do sexual intercourse with her and when she refused to oblige him, the accused dragged her with the result that the fire-wood load fell aside. She was gripped by the accused with his hands and thrown on the ground. There he sat on her, untied her shalwar and committed sexual intercourse with her with force with the result that she sustained number of injuries on her thigh, arms, back and other parts of the body. She could not raise hue and cry since the accused had closed her mouth firmly with one of his hands. Ail her efforts to save herself failed and after committing the crime, the accused took away her shalwar also. She could not raise hue and cry since the accused had closed her mouth firmly with one of his hands. Ail her efforts to save herself failed and after committing the crime, the accused took away her shalwar also. Her version has been corroborated by Shrimati Amkoo Devi (PW 1) who happened to come to the scene of the crime in search of the prosecutrix who failed to reach home although she had left the forest earlier to this witness. She was found naked and she used her shawl to protect her body. Further, the incident was disclosed by the prosecutrix to her mother and father, Shri Anant Ram (PW 8). The matter was narrated to the President, Gram Panchayat, Shri Sant Ram (PW 4) and Vice-President, Gram Panchayat, Shri Paras Ram (PW 5). It was thereafter that the matter was reported to the police The statement of the prosecutrix has been corroborated by Doctor Arti Mahajan (PW 2) who examined the prosecutrix on 6-2-1988 The doctor found large number of injuries on various parts on her body and the categorical opinion of the doctor is that the prosecutrix was subjected to rape. It has also been stated that the injuries found on the person of the prosscutrix could be received during the commission of rape on her. As to age, Doctor Leela Aggarwal, Orthopaedic Surgeon (PW 3), has stated that the age of the prosecutrix was above 10 and below 12 years. 6. In view of the evidence available on the record of this case, the conclusion of the trial Judge that the prosecutrix was subjected to rape by the accused is correct and the explanation given by the accused under section 313 of the Code of Criminal Procedure and the evidence placed in defence is not at all worth credible and so does not rule out the commission of the offence by the accused. 7. The contention that the accused has bean involved in the offence on account of enmity is thoroughly baseless. The illicit relationship between the accused and Amkoo Devi (PW 7) has not at all been proved. Even if it is assumed that there was such relationship, it does not mean that the prosecutrix was not subjected to rape by the accused. 8. The illicit relationship between the accused and Amkoo Devi (PW 7) has not at all been proved. Even if it is assumed that there was such relationship, it does not mean that the prosecutrix was not subjected to rape by the accused. 8. Shri J. K. Verma also submitted that the absence of injuries on the private part of the accused rules out the commission of offence by him. Here, the learned Counsel seeks assistance from AIR 1973 SC 343, Rahim Beg and Mahadeo v. The State of U.P. 1 am not impressed by this submission. It appears from para-20 of this judgment that the Court came to this conclusion on the basis of the opinion of the doctor. Normally, an injury is caused to the male organ when sexual act is committed by a fully developed male with a girl of tender age who is virgin. However, that is cot a universal phenomenon. It is relevant to quote para-9 at page 380 of Modis Medical Jurisprudence and Texicology (21st Edition) s "9. Injuries to the genital parts may result from force exerted by the accused or from forces applied by the victim. In addition to scratches or lacerations on the penis caused by the finger nails of the victim during a struggle, an abrasion or a laceration may be discovered on the prepuce or glans penis, but more often on the frauenum due to the forcible introduction of the organ into the narrow vagina of a virgin, especially of a child, but it is not necessary that there should always be marks of injuries on the penis in such cases." (emphasis mine) This contention is, therefore, rejected. 9. On the question of injuries received by the accused and found on his medical examination, it can be said that these could be got by him as a result of the beating administered to him by the villagers, as appears from the statements of some of the witnesses in this case. This fact, therefore, is not of any assistance to the learned Counsel for the accused. 10. Perusal of the trial Court judgment demonstrates that the matter has been looked into quite carefully and exhaustively. Every essential aspect of the matter has been scrutinised with reference to the evidence before the conclusions have been draw. This fact, therefore, is not of any assistance to the learned Counsel for the accused. 10. Perusal of the trial Court judgment demonstrates that the matter has been looked into quite carefully and exhaustively. Every essential aspect of the matter has been scrutinised with reference to the evidence before the conclusions have been draw. In this view of the matter, there is hardly any justification to take a view different from the one taken by the trial Court for convicting the accused under section 376 of the Indian Penal Code. No other point was argued by the learned Counsel for the parties. 11. On the question of sentence, the learned Counsel for the accused was heard. He made compasstionate submissions on this aspect of the case submitting that the accused is of young age and by longer punishment, his whole career is bound to be finished. It was also submitted that the accused is repentant of what he has done and undertakes to live peacefully and properly on release from the jail. I have considered these submissions. However, looking to the behaviour of the accused qua the prosecutrix and the manner he subjected her to rape, it is desirable, in the interest of justice to enhance the sentence to some extent. 12. Accordingly, conviction is maintained. However, the sentence of rigorous imprisonment is enhanced to 9 years from 7 years that has been awarded by the trial Judge. The sentence as to fine will remain the same. The appeal, therefore, is dismissed in the aforesaid terms. Appeal dismissed.