JUDGMENT A. L Vaidya, J—Both the appellants were charged under sections 366-A/376/120-B of the Indian Penal Code. The appellants happened to be husband and wife. The trial Court convicted both the appellants under the aforesaid sections and Kunji Ram was sentenced to rigorous imprisonment for three years for offence under section 120-B read with sections 376 and 366-A, I P. C. He was further sentenced to undergo rigorous imprisonment for three years for offence under Sec 376, I. P.C. and to pay a fine of Rs. 2000 each. It was further ordered that the entire amount of fine, that is, Rs. 4,000 would be paid to the prosecutrix as compensation In so far as the other appellant Smt. Guddi Devi was concerned, instead of being sent to imprisonment, she was ordered to be released on probation for good conduct for a period of two years on her executing personal and surety bonds in the sum of Rs. 7,000 each undertaking to keep peace and to be of good behaviour during this period and to appear and receive sentence when called upon by the court to do so. 2. The prosecution case as put up against the appellant has been that during the intervening night of 5th/6th September, 1986 there was a fair being celebrated in village Karlash and the prosecutrix Urmila Devi, along with other girls, was enjoying the fair by dancing At mid-night accused Guddi Devi, who was present in the Mela, went to Urmila Devi Prosecutrix and took her out of the dancing circle and asked her to accompany Guddi Devi as she was to go for answering the call of nature. The prosecutrix acceded to the request of Guddi Devi and accompanied her. Both of them reached near the house of one Maldar Accused Kunji Ram who was hiding himself in the darkness near the eucalyptus tree at once appeared at that place and accused Guddi Devi caught Urmila from behind and made the prosecutrix to lie down on the ground. Guddi Devi thereafter gagged tie mouth of the prosecutrix, Urmila Devi, and Guddi Devi placed her feet on the arms of the prosecutrix. Kunji Ram thereafter broke the string of Urmilas Salwar and started committing sexual-intercourse with her. Guddi Devi thereafter gagged tie mouth of the prosecutrix, Urmila Devi, and Guddi Devi placed her feet on the arms of the prosecutrix. Kunji Ram thereafter broke the string of Urmilas Salwar and started committing sexual-intercourse with her. The prosecutrix cried out of pain but her cries could not be heard as Guddi Devi had gagged her mouth, The accused thus committed sexual intercourse with the pros? cutrix against her will and without her consent Accused Kunji Ram was still committing the sexual act when in the mean time Smt Rampati and Smt. Surfoo, who happened to come out of their house to urinate, at first instance heard some noise coming from the place of occurrence and when they went nearby the two accused ran away leaving behind the prosecutrix at the place of occurrence The prosecutrix was then removed from there and lateron Smt. Shanti and Smt. Megh Dass etc. had gone to the parents house of the prosecutrix and informed them about the occurrence. The parents of the prosecutrix reached early in the morning and removed the prosecutrix to the Police Station where the matter was reported to the police. The prosecutrix was medically examined in Ripon Hospital at Shimla because no lady doctor was available at Rohru Hospital. However, she was also taken to Jubbal Hospital where also no lady doctor was available. The accused was arrested and was also medically examined The wearing apparels of the prosecutrix as well as that of the accused were taken into possession which were having blood stains. The age of the prosecutrix, as per medical examination, was opined to be below 16 years. The wearing apparels taken into possession were sent to the Chemical Examiner and thereafter to the Serologist. Blood was found by the Chemical Examiner on those garments and as per the report of the Serologist the blood so found was to be of human blood. 3. The accused when examined under section 313, Cr. P. C. denied all the circumstances appearing in the prosecution evidence against them. Both of them could not disclose as to why this case had been put up against them. However, during the trial some witnesses were cross-examined on the point that there was some enmity between the parties. 3. The accused when examined under section 313, Cr. P. C. denied all the circumstances appearing in the prosecution evidence against them. Both of them could not disclose as to why this case had been put up against them. However, during the trial some witnesses were cross-examined on the point that there was some enmity between the parties. 4 The aforesaid conviction and sentence have been assailed in the present appeal on various grounds The learned Counsel for the appellants has mainly confined his arguments on the following points : (1) The story of the prosecution that the wife helped the husband in committing rape on a minor girl was most un-natural and improbable and on this score alone it has to be discarded ; (2) There is an important circumstance present in the prosecution case proved during the trial which creates doubt in the prosecution story. The said circumstance, according to the learned Counsel, was that it has come in evidence that the prosecutrix as well as accused Guddi Devi walked for about half an hour from the place where the prosecutrix was dancing but as per investigation the place of occurrence was about 100 yards from that place ; (3) No semen was detected along with blood on the wearing apparels of the prosecutrix or that of the accused. This circumstance also creates doubt; (4) The duration of injuries do aot coincide with the occurrence which circumstance again creates doubt ; (5) It has come in the prosecution evidence that the parents of the prosecutrix were on inimical terms with the accused and, accordingly, he has been falsely implicated in the case; and (6) There are other discrepancies appearing in the prosecution evidence which are of material nature which also result in making the prosecution case of doubtful nature. 5. I have heard the learned Counsel for the parties and have minutely scrutinized the record of the trial Court also. 6. It is not a case where the accused has come forward with a story that he had sexual relation with the prosecutrix by her consent or as a result of some past liaison It is a clear cut case in which on the prosecution side there is a clear cut allegation of rape and on the defence side the entire story has been challenged as fabricated and false. It is the prosecution case that some of the witnesses heard some noise coming from the place of occurrence to which side they threw some stones and when went to the spot they noticed the actual commission of the crime. It is also the prosecution case that the age of the girl was below 16 years and she was taken to the place of occurrence by the wife of the male accused and the wife put the prosecutrix on the ground allowing her husband to commit the crime. Under these circumstances it is correct that the girl subjected to rape could not have put much of the struggle and on that account probably did not suffer much injuries and for that purpose the reason as referred to above was very much apparent. The rapist was helped by his wife in the process and the wife had pinned the prosecutrix down and gagged her mouth while the husband committed the crime. 7. It is now to be looked into at the first instance whether the aforesaid allegations made by the prosecution stood legally established by examining independent, reliable and unimpeachable evidence in case the prosecution has been successful in proving the guilt beyond ail reasonable doubt through the eye-witnesses and other corroborative evidence, the points raised on behalf of the appellants would automatically stand answered. 8. There is no doubt that a wife helping the husband in such a criminal act at the face of it appears to be a little unnatural but it has to be accepted that human behaviour in sex matters is most unpredictable. A man when over-powered with devil of sex loses all sense of discretion and does not differentiate between the relations, age and the physical condition of the female. Basically man is a social animal and when the barriers of the Society are broken by him animal instinct in him dominates and makes him to commit sex offences. With this background in case the prosecution story of the husband and wife referred to above conniving with each other for committing the alleged offence is legally proved, it cannot be then said on any account whatsoever that the wife helping her husband in such a crime would be unnatural and improbable. 9. With this background in case the prosecution story of the husband and wife referred to above conniving with each other for committing the alleged offence is legally proved, it cannot be then said on any account whatsoever that the wife helping her husband in such a crime would be unnatural and improbable. 9. The best evidence to give details of the occurrence could be nobody else than the prosecutrix herself In the present case the version given by her though in itself would have been competent to prove the guilt against the accused but in the present case the same stood corroborated on material aspects by other oral as well as documentary evtdence, including the medical opinion. 10. PW 2 is Kumari Urmila Devi, the prosecutrix, who was examnied on 25th April, 1988 on which date she gave her age to be about 16 years. She slated that about 1-]/? years back there was a night fair in village Karalash and she had gone to that fair with her sisters Raja and Kaku Devi According to her when she was dancing in a circle with other girls accused Guddi Devi came there and pulled her out of that circle saying that she wanted to go for answering the call of nature and that the prosecutrix should accompany her. Thereafter, she disclosed that she accompanied Guddi Devi and when they walked for about half an hour, accused Guddi grabbed her from behind and when the prosecutrix tried to cry she gagged her mouth with her head-gear and in the meanwhile Kunji Ram accused also reached there and broke the string of her Salwar and raped her. Kumari Urmil further added that accused Guddi Devi kept her arms stretched on the ground by placing her feet on them and gagged her mouth while accused Kunji Ram had been raping her. The prosecutrix also disclosed that soon after Ram Pati and Surfoo reached there and they threw stones at the accused. She also stated that when accused Kunji Ram tried to run away she scratched his face with nails and thereafter both the accused fled away. She also stated that Surfoo and Rampati thereafter took her to the house of Surfoo and that when the accused raped her, her private part bleeded. She also stated that when accused Kunji Ram tried to run away she scratched his face with nails and thereafter both the accused fled away. She also stated that Surfoo and Rampati thereafter took her to the house of Surfoo and that when the accused raped her, her private part bleeded. She also stated that Megh Dassi and two other ladies went to village Thamtari to inform her parents who reached there in the morning. She also stated that thereafter she narrated the entire occurrence to her mother and her father took her to the police station where FIR Ex PC was lodged and thereafter the police took her to Ripon hospital for medical examination. She also stated that when the accused was committing the crime of rape her bangles were broken on the spot and during the course of investigation she showed the site of occurrence to the police and the police took into possession pieces of bangles Ex P-l. Shirt Ex P-2 and Solwar Ex. P-3 were identified by the witness which she was wearing at the time of occurrence and which had been taken into possession at Ripon hospital after her medical examination. She also disclosed that after lodging the report they went to Jubbal hospital and since no lady doctor was available there, she was brought to Shimla. She has been very specific by deposing that when Rampati and Surfoo reached at the place of occurrence accused Kunji Ram was lying on her. She also disclosed that both those ladies had come from upper side and both the ladies were at a distance of 4-5 feet from the site where she was being raped. She also stated that next day she was taken to her house at about 8 00 in the morning and after staying for about half an hour in the morning she was taken to the Police station for lodging the report. She also stated that it was correct that Puru divorced Shyam Kali and brought a new wife. Puru was the brother of this witness The accused Kunji Ram was the first cousin of Shyam Kali She denied the suggestion that because of this reason her family was having enmity with the family of Kunji Ram. She also stated that it was correct that Puru divorced Shyam Kali and brought a new wife. Puru was the brother of this witness The accused Kunji Ram was the first cousin of Shyam Kali She denied the suggestion that because of this reason her family was having enmity with the family of Kunji Ram. She also denied the suggestion that on account of enmity she had made a false statement According to her, the accused took between half to one hour to satisfy his Just. She also denied the suggestion that she had framed up the accused because of the enmity and to give the colour of genuineness to the story a finger was thrust into her genital to make it to bleed. 11. PW. 4 is Smt Rampati. She stated on oath that on 21st day of Bhadon last year there was a fair in her parents village Karlash and at about 2 00 at night she in the company of her sister-in-law went to urinate outside the house and when they were doing downwards they heard the cries and then they threw stones. She further stated that on reaching the site of the cries they saw accused Kunji indulging in immoral act of sexual intercourse with Urmila while accused Guddi had gagged her mouth with her head-gear. The witness has been very specific that they saw Urmila was bleeding and her Salwar was soaked with blood. Both of them then helped her to wear that Salwar and by that time accused had fled away. The prosecutrix Urmila was taken by them to her house, that is, to her parental house in village Karalash and thereafter they informed Kaulpati, Shanti Devi and Megh Dassi about the incident. Kaulpati, Shanti Devi and Megh Dassi went to inform Urmilas parents. Before that Shanti had taken Urmila to her own house because she was her Chachi She stated that Urmila was distantly related to her as her niece. She further stated that the site where the immoral act was being committed might be 5-10 minutes walk from the site of the fair. She also disclosed that they did not aim the stones at the accused but they threw them out of fear. She further stated that the site where the immoral act was being committed might be 5-10 minutes walk from the site of the fair. She also disclosed that they did not aim the stones at the accused but they threw them out of fear. According to the witness, it was dark at the site and they could not recognize the accused when they threw stones but they identified both the accused when they stood up to escape. She had denied the suggestion that they did not see anything but simply on account of her relationship with the prosecutrix and her father she had made a false statement. 12. P. W. 3 is one Kaku Devi, a girl of about 13 years of age, who stated that about 1-1/2 years back she had gone to see Karalash fair with her sister Raja and cousin Urmila Devi. According to her, they had reached the site of the fair at about 9.00 p.m. and when they were dancing in a circle with other men and ladies, accused Guddi came there and asked Urmila Devi to accompany her to one side of the fair site as she wanted to answer the call of the nature According to her, Urmila went with her and thereafter she did not return, PW. 5 is Smt Shanti Devi who stated that on 5th September, 1986 she Kaulpati and Megh Dassi gone to witness the fair and at about 2.CO in the night she went her house to have some sleep and soon after her sister Surfoo came and awoke her up. She also disclosed that Urmila Devi had been raped by Kunji Ram with the help of his wife Guddi She went with her to her house where she saw Urmila lying on the bed. She also stated that she left her there and went with Kaulpati and Megh Dassi to village Thamtari to inform Urmilas parents She also stated that they reached there at the house of Urmilas parents at about 4 00 in the morning. She had denied {he suggestion that on account of relationship with the father of Urmila and on account of rivalry between Urmilas fathers family and the family of Kunji Ram accused, she had made a false statement. 13. P.W. 6 is Smt. Salmu, mother of Urmila. She had denied {he suggestion that on account of relationship with the father of Urmila and on account of rivalry between Urmilas fathers family and the family of Kunji Ram accused, she had made a false statement. 13. P.W. 6 is Smt. Salmu, mother of Urmila. She deposed on oath that on the day of occurrence Kaulpati, Megh Dassi and Shanti came to her house and told her that Kunji Ram accused had raped her daughter Urmila with the help of his wife Guddi. Her husband was also there and thereafter they proceeded to village Karalash and when they reached there they saw their daughter lying on a bed in the house of Surfoo. The witness has further stated her daughter Urmila told her that when she was dancing in the fair, Guddi accused took her away on the pretext that she wanted to urinate and drink water. The witness further added that she reached at a some distance Kunji accused raped her and her clothes were soaked with blood They took her to the Police Station to lodge the report. She disclosed that Shyamkali was divorced by her son. However, the witness stated that it was because of this rivlary that the accused had ruined her daughter. She denied the suggestion that because of the family dispute the present case has been falsely cooked up against the accused. P W. 7 is one Deli Ram in whose presence pieces of bangles Ex. P-l were taken into possession by the Police vide memo, Ex. PD. P.W. 8 is ASI Rupinder Singh who investigated the case. 14. An equally important evidence brought on record during the trial was the medical evidence. 15. P.W. 1 is Dr. Timody Philips, Medical Officer, Civil Hospital, Rohru. On 8th September, 1986 at about 2.30 pm. accused Kunji Ram was brought to the doctor for his medical examination The doctor observed that the accused had normal genital organ and the Pant and the shirt put on by the accused were torn and were having blood stains and there were marks of scratches, probably caused by nails, on the neck of the accused with crust present on such marks. The doctor opined that the accused was capable of performing the sexual intercourse. The doctor issued medical certificate Ex. PA. The doctor opined that the accused was capable of performing the sexual intercourse. The doctor issued medical certificate Ex. PA. The accused thumb marked the same which was Ex PA/f. The doctor disclosed that the police had made a written request Ex PB for the medical examination of the accused. He has given the probable duration of the scratch marks within twenty-four hours. He further disclosed that though the age was not mentioned in his certificate but he has made the statement about the age of the scratch marks on the basis of the fact that the crust was present 16. P.W. 12 is Doctor Suman Dattal who examined the prosecutrix on 7th September, 1986 when she was on duty in Ripon Hospital, Shimla. According to the Doctor, the prosecutrix was of moderate built and she made the following observations i— "1. There was a half inch abrasion placed vertically just below the right nostril brown in colour. 2. Another abrasion 1/2 inch in size placed vertically one cm. below the lower lip on right side. It was also brown in colour. 3. Three brown coloured abrasions placed longitudinally each of one inch size and distant from each other by one cm. on the right side of the back just below the right scapulla 2 inch away from the back-bone. 4. Labia-majora was well developed with black hair which was not matted. No marks of injury on thighs. 5. Hymen was torn at two places in left and right medio-lateral position extending to point at attachment of hymen at the edge of vagina posteriority The edges of the tears were red, swollen and painful and bled on touch. Orific (entroitus) admitted one finger easily.” According to the doctor, the injuries appeared to have been sufferred with some blunt weapon within five days of the examination. The doctor also observed that the examinee was walking with difficulty due to pain According to the doctor, smear from posterior fornix was taken and sent for microscopic examination and the clothes of the prosecutrix, that is, Salwar and Kameej were examined and Salwar showed soakage of blood at lower end Doctor observed that neither the Salwar nor the Kameej were torn. The doctor has further stated that two cervical smears (slides) the Salwar and the Kameej were packed in a parcel and handed over to the accompanying policeman. The doctor has further stated that two cervical smears (slides) the Salwar and the Kameej were packed in a parcel and handed over to the accompanying policeman. The doctor then referred the examinee to the Radiologist for the determination of her age. The doctor issued certificate Ex. PJ and she very specifically opined that the examinee had been subjected to sexual intercourse and, according to the report of the Radiologist, the age of the prosecutrix was between 13-1/2 and 15-1/2 years. 17. The doctor was cross-examined on behalf of the accused and during cross-examination she disclosed that it was correct that in a case of sexual act without the consent or against the will of the lady, especially when the act is alleged to be in a forcible manner, usually the marks of injury are observed on the things. She also stated that if a girl is subjected to sexual act on some rugged or rough surface, marks of injuries should be there on the buttocks. She also stated that hymen can be ruptured by inserting a finger in the private part of the lady. She stated that the sole reason that the girl was subjected to sexual intercourse was that the hymen was ruptured. She denied the suggestion that one coitus, the very first one with girl of tender age, would result in one rupture of hymen and not two She stated that usually labia-minora gets injured in the course of first coitus, especially when it is in forcible manner. She also explained that injury on labia majora is not necessary in such cases. 18. P. W. 9 is Dr. Suman Gupta, Radiologist, Ripon Hospital, Shimla. She stated that on 9th September, 1986 Urmila Devi was subjected to X-ray examination in Ripon Hospital, Shimla, for the purpose of determination of her skeletal age The X-ray films produced by the doctor are Ex. PF/1 to Ex. PF/7. Her observations of the films were as under: "Epipbysis that had fused 1. Medial epicondyle 2. Head of femur 3. Distal tibia. 4. Distal fibula Epipbysis that had not fused 1. Head of humerus 2. Acromoian 3. Iliac crest 4. Greater trochanter 5. Distal femur 6. Distal radius 7. Distal ulna 8. Proximal tibia 9. PF/1 to Ex. PF/7. Her observations of the films were as under: "Epipbysis that had fused 1. Medial epicondyle 2. Head of femur 3. Distal tibia. 4. Distal fibula Epipbysis that had not fused 1. Head of humerus 2. Acromoian 3. Iliac crest 4. Greater trochanter 5. Distal femur 6. Distal radius 7. Distal ulna 8. Proximal tibia 9. Proximal fibula." The doctor further observed that on the basis of the aforesaid fusions and non-fusions of epipbysis the age of the prosecutrix was between 13-3/4 years to 15-1/2 years. Her written report in this behalf is Ex PG which was written on the application Ex. PH given by the police for the purpose. The witness identified the prosecutrix in the court to be the same girl whose X-ray examination the doctor had conducted and given the report referred to above. 19. This doctor was also cross-examined by the accused though not on the basis of the opinion of age given by the doctor but on other aspects of the offence. She denied the suggestion that if a fully grown up man who is married and as such used to sexual intercourse, comits sexual intercourse with a girl of thirteen, his male organ would have tears. According to the doctor, if a young girl of about 13 is subjected to forcible intercourse there would be tears in the hymen. She also stated that if a girl of young and tender age who is virgin is subjected to rape, there would be one rupture or say the tearing of the hymen would be generally on the posterior side but in certain cases it can be both in anterior as well as posterior sides but the hole would be one. She further stated that hymen can be ruptured with finger also She also stated that after the commission of the act of sex the orifice easily admits more than one fingers because of the rupture of the hymen. 20. Ex. PN is the report of the Chemical Examiner on the basis of which blood was found on the Pant, shirt of the accused and on the Salwar and Kameej of the prosecutrix. The Chemical Examiner took out those pieces with blood stains and sent them to the Serologist, Government of India. However, Chemical Examiner opined that no spermatazoa were found on them. The report of the Serologist on the record is Ex. PN. The Chemical Examiner took out those pieces with blood stains and sent them to the Serologist, Government of India. However, Chemical Examiner opined that no spermatazoa were found on them. The report of the Serologist on the record is Ex. PN. On the basis of this report Pant and shirt of the accused and Kameej of the prosecutrix were found to be stained with human blood while the Salwar of the prosecutrix was found to be stained with both human blood and avis blood. 21. This is the entire evidence examined during the trial and would be relevant in order to dispose of the present appeal in the light of the arguments addressed on behalf of the appellants. 22. The first objection raised on behalf of the appellants that under the circumstances wifes helping her husband in such a criminal act would be improbable. This aspect of the matter has already been dealt with in detail earlier and at the cost of repetition it may be pointed out that there was no specific reason established for the wife to behave in that manner. However sex behaviour of human being has been found to be most unpredictable and in the present case the wife helping the husband has been proved through legal evidence which has to be accepted. As to what transpired between the husband and wife has neither been investigated nor any observation in that particular behalf can be made during these proceedings in the absence of any definite evidence. 23. Regarding point number (2) it has been contended that the prosecutiix herself disclosed that she walked along with Guddi Devi for about half an hour to reach the place of occurrence whereas, according to the investigation, the place of occurrence was about 100 yards from the place of the fair. It may be referred here that the fair was being solemnized at the mid of night. It has also come in evidence that it was dark and moreover the witness giving the time factor was a minor girl with rural background. Taking into consideration all these factors it cannot be said on any stretch of imagination that the aforesaid variation between the statement of the prosecutrix and that of the Investigation Officer could, in any way, shatter the statement of the prosecutrix which has otherwise stood the test of cross-examination. Taking into consideration all these factors it cannot be said on any stretch of imagination that the aforesaid variation between the statement of the prosecutrix and that of the Investigation Officer could, in any way, shatter the statement of the prosecutrix which has otherwise stood the test of cross-examination. Needless to say, walking in the hilly area during dark night is always slower than walking during day. 24. Much has been said that no semen was found on the wearing apparels of the accused as well as that of the prosecutrix. It has been contended on behalf of the appellants that absence of semen would lead to the sole inference that no sexual intercourse was committed, as has been alleged. I think such an inference, in the circumstances of the present case, would be most uncalled for The human blood has been found on the wearing apparels of the prosecutrix and that of the accused. It has come in the statement of the prosecutrix and other eye-witnesses that at the time the accused committed sexual intercourse the private part of the prosecutrix was bleeding and her clothes soaked with blood. Similarly, it can easily be inferred that during that act the bleeding of the private part of the prosecutrix also caused blood stains on the wearing apparels of the accused. Absence of semen would not bring this case out of the purview of rape which only defined that while doing actual sexual intercourse without the consent and against the will of the prosecutrix only penetration in the process was required which stood proved through the medical evidence and through the statement of the prosecutrix herself. There is nothing in the I. P. C. that full satisfaction of the man committing the rape, after discharge of semen, must be proved. In this view of the matter the inferences drawn on behalf of the appellants, as such, would not be available to the case of the defence in the circumstances of the present case. 25. Regarding objection No. (4) it has been contended that the injuries found on the person of the accused have been opined by the doctor to be within twenty four hours though this period had not been mentioned by the doctor in the medical certificate. 25. Regarding objection No. (4) it has been contended that the injuries found on the person of the accused have been opined by the doctor to be within twenty four hours though this period had not been mentioned by the doctor in the medical certificate. There is no doubt that if injuries found on the person of the accused, who was examined on 8th September, 1986, could be of the duration of within twenty-four hours, in a way it could not be connected to the occurrence But as referred to above the doctor at the first instance has not reported this aspect in his report. It may be referred her that some injuries have been noticed on the person of the prosecutrix. In order to deal with this aspect of the matter regarding the injuries found on the person of the accused and that of the prosecutrix the circumstances under which the offence was committed have to be taken note of which will explain no injuries or some minor injuries or more injuries on the person of the prosecutrix as well as of the accused. Absence of injuries otherwise on the person of the aggressor or the aggressed is not a sure indication as to whether rape had or had not been committed as in a case of helplessness resignation injuries not have been caused on the aggressor or the aggressed for want of resistance. In the present case a girl below 16 years of age was subjected to rape by a male accused with the help of his young wife who had in a way made the prosecutrix to lie down and submit to the illegal designs of her husband. In such circumstances, the girl definitely would not be in a position to give so much resistance, as she could give had the male accused alone been there not assisted by his wife. So the injuries on their persons have to be appreciated with the aforesaid background and facts proved on record. 26. In such circumstances, the girl definitely would not be in a position to give so much resistance, as she could give had the male accused alone been there not assisted by his wife. So the injuries on their persons have to be appreciated with the aforesaid background and facts proved on record. 26. It has been very strongly contended that cousin of the male accused was divorced by the brother of the prosecutrix and on that account both the families were inimical to each other which has been said to be the basis for falsely implicating the accused in this case I think such a defence is not at all available to the accused persons from the evidence examined on behalf of the prosecution. There is no doubt that the prosecutrix and her mother had admitted some enmity with the family of the accused but would that mean that the parents of the prosecutrix would make their virgin girl to behave in that manner so as to falsely implicate their enemy. The suggestion put to the doctor and the witnesses that bleeding to the private part of the girl could be there on account of a finger insertion in her private part was denied. The doctor has been very specific that on the examination of the prosecutrix she has come to the conclusion that the prosecutrix had been subjected to rape. There is no doubt that the doctor opined that by putting one finger in the private part the hymen could be reputured and the bleeding could be there but the defence could not dare to ask the doctor that in the present case whether bleeding was because of it or because of sexual intercourse. The doctors statement that the girl was subjected to sexual intercourse, in the circumstances, has to be favourably considered in favour of the prosecution. It is a natural phenomena that no girl would ordinarily depose falsely without anyone having criminally assaulted her as that gets a stigma attached to her and more so no father or mother of a girl would behave in that manner. 27. Certain other minor discrepancies in the statements of the witnesses have been pointed out which are not at all material and which are bound to occur when the witnesses are examined after sometime of the occurrence. 27. Certain other minor discrepancies in the statements of the witnesses have been pointed out which are not at all material and which are bound to occur when the witnesses are examined after sometime of the occurrence. Such minor discrepancies which do not at all adversely affect the prosecution case reflect in a way the truthfulness of the witnesses and not at all the falsehood as is being claimed on behalf of the defence. 28. Thus, on the basis of the aforesaid discussion the prosecution has been successful in bringing home the guilt against the accused persons through legally competent evidence and there are absolutely no circumstances established and pointed out on behalf of the appellants as referred to above which could make the prosecution case of doubtful nature. 29. In view of the foregoing reasons, I, do not find any occasion whatsoever to interfere with the conviction and sentence passed by the trial Court which has been so done after correctly appreciating the evidence and law in this particular behalf The present appeal, as such, is dismissed and the trial Courts judgment is, however^ maintained, 30. Let the copy of the judgment be sent to the trial Court for doing the needful. Appeal dismissed