Judgment AMIR DAS, J. 1. These two appeals arise out of the judgment dated 28-7-1989 passed by, Mr. P. N. Yadav, 3rd Additional Sessions Judge, Hazaribagh in Sessions Trial No. 252 of 1987 and so they have heard together and are being disposed of by this common judgment. 2. Both the appellants were tried for the offence under Section 376 of the Indian Penal Code and convicted and sentenced to undergo rigorous imprisonment for seven years thereunder by the order dated 28-7-1989 passed by 3rd Additional Sessions Judge, Hazaribagh in S. T. No. 252 of 1987. 3. Briefly put the prosecution case is that the prosecutrix Bahamunia Devi (PW-1) and her co-villager Basanti were working as Reza (daily wages worker) at Rajrappa. On the day of occurrence i.e., on 22-4-1987 both of them came to Rajrappa but they should not get works and as such they were waiting at Rajrappa more for certain vehicle to go back to their houses at about noon. In the meanwhile, a dumper stopped there and its driver, the appellant, Kalicharan Sao and Khalasi, the appellant, Shambhu Sao asked them to board the dumper if they wanted to go to their village. The informant and her companion, Basanti boarded the vehicle. The appellant took them to village Rola Malutungri where both the girls got down and proceed towards their village. In the meanwhile, both the appellants made attempt to overpower them and succeeded in catching hold the prosecutrix, whereas Basanti managed to escape. The prosecutrix was carried to Malutungri hills where both the appellant raped her one after another. In course of commission of rape, the prosecutrix raised alarm which attracted the labourers, namely, PWs. 2, 3,4 and 6 who were working nearby. The iabourers pushed there and found the prosecutrix making her bearing clothes in order and the appellant, Kalicharan Sao standing. The appellant Shambhu Sao made a good escape. The appellant Kalicharan was caught and he was brought to village Dumardih where they interrogated upon which he confessed his guilt. Since, it was evening, somebody was sent to inform the guardian of the victim and on his arrival on the next day, the offence was reported by the prosecutrix at Gola Police Station upon which the case was registered and investigation was taken up. On the next day, the prosecutrix was got examined by PW-5 and the appellant was examined by PW-8. On the next day, the prosecutrix was got examined by PW-5 and the appellant was examined by PW-8. After completion of investigation, both the appellants were sent up for trial. 4. In order to prove its case, the prosecution has examined altogether nine witnesses, out of whom PW-1 is the formal, PWs-2, 3,4 and 6 are the villagers, PW-5 and 8 are the doctors and PW-8 is a formal witness, Neither the Investigating Officer nor Basant was examined. Having considered the entire evidence, facts and circumstances of the case, the trial judge found and held both the appellants guilty for the offence under Section 376, I. P. C. and sentenced them to undergo rigorous imprisonment for seven years thereunder. Hence, these appeals before this Court. 5. Mr. A. Sahay, the learned Counsel appearing on behalf of both the appellants assailed the order of conviction and sentence mainly on the ground that medical evidence is negative to the commission of rape and that it was a case of passive consent. 6. Mr. S. N. Sinha, the learned A. P. P. appearing on behalf of the State supported the order of conviction and sentence and argued that the evidence of PWs-1, 3 and 4 does not suffer from any infirmity or lacuna and is sufficient and cogent in proving the guilt of the appellants. He further argued that the negative medical evidence does not render the evidence of these three witnesses doubtful as the medical examination of the girl was done two days after the incident. 7. From the perusal of the record, I am agree with the view of the learned trial judge that the evidence of PWs-1, 3 and 4 is consistent and coharent and inspires full confidence. The evidence of these witnesses undoubtedly establishes that the prosecutrix was a daily wages labourer and was acquainted with the appellants, who were also working in the same field by carrying the stone chips. The appellants on the pretext of giving lift induces both the prosecutrix and Basanti to board the dumper and the prosecutrix was taken to lonely place where she was raped by the appellants. The learned trial judge very rightly has not attached the triffling nature of mistakes made by them in course of cross-examination. 8. Now, I will take up the first contention regarding the negative medical evidence. PW-5, Dr. The learned trial judge very rightly has not attached the triffling nature of mistakes made by them in course of cross-examination. 8. Now, I will take up the first contention regarding the negative medical evidence. PW-5, Dr. Ranjana Sharma had examined the victim girl on 24-4-1987 while the offence was committed on 22-4-1987 and on examination, she had found no external and internal injury as well as spermatozoa in the swab taken from the private part of the girl and on that basis, she could not give a definite opinion about the commission of rape. She had also found the discharge of menstrual. Ex facie, the delayed medical examination might have caused the disappearance of spermatoza. Absence of external injury does not necessarily probabilise sexual intercourse with consent. No doubt, the absence of injury on the body of the prosecutrix generally give to an inference that she was a consenting party to coitus but it cannot be a positive proof of sexual intercourse with consent. Prosecutrix was a grown up girl aged about 17 to 18 years and her vagina admits two fingers easily and as such the internal injury on her private part is not expected. The possibility of sustaining injuries depends upon the facts and circumstances involving in the case. In the instant case, the prosecutrix was alone and that too in a lonely place far from her village. She was under custody of two young males and under such circumstances, to put any resistance against them was not possible. The prosecutrix hereslf replied that due to feat of injury and helpnessness she could not offer any resistance. This explanation has been admitted by the defence itself during her cross-examination. Therefore, the circumstances involved in the case improbabilise effort for resistance against the sexual intercourse. However, she cried out which attracted the villagers abovenamed. 9. Before closing this paragraph, it may be mentioned that menstrual discharge in a normal course as well as by the sexual intercourse. The possibility of the menstrual on account of the sexual intercourse to the full satisfaction of the rapist cannot be ruled out. Moreover, the prosecutrix evidence does not suffer from any infirmity of which it can be doubted. Before closing this paragraph, it may be mentioned that menstrual discharge in a normal course as well as by the sexual intercourse. The possibility of the menstrual on account of the sexual intercourse to the full satisfaction of the rapist cannot be ruled out. Moreover, the prosecutrix evidence does not suffer from any infirmity of which it can be doubted. She has given the eye account of the occurrence and in her course of her cross-examination, she could not be beguiled rather she has given convincing and satisfactory replies to almost all the questions put to her by the defence. Had the prosecutrix been tutored, she must have been exposed by the defence. 10. I, therefore, find no reason to disbelieve her evidence. Not only this, her evidence has been supported by a number of witnesses who were independent and disinterested. The learned Counsel appearing on the record on which their evidence may be criticised. The evidence of prosecutrix supported by a number of independent witnesses makes no room for doubt about the commission of occurrence. 11. That being the position, the negative medical evidence assumes no much more importance. In other words, the evidence on the record is sufficient and cogent to establish that the appellants committed rape one after another on the prosecutrix. 12. Turning to the next contention with regard to the consent, at the very outset, I may mention here that the consent or compulsion is to be judged on a careful consideration of scrutiny of the evidence of the victim as well as from other corroborative evidence, if available. Consent as understood in law means the voluntarily participation of the commission of act. There is difference between the consent and submission of body. The voluntary particpation with free will amounts to consent whereas the submission of body under influence of fear or terror to coercion. In the instant case, the prosecutrix evidence is very much clear that she was captured by two young males in a lonely place. Her companion Basanti fled away due to fear but she was captured and carried to Hills and raped by them one after another. I have already referred her helplessness in making any resistance. Under such circumstances, even if the prosecutrix had submitted her body for consummation, it cannot be treated as her consent. 13. Her companion Basanti fled away due to fear but she was captured and carried to Hills and raped by them one after another. I have already referred her helplessness in making any resistance. Under such circumstances, even if the prosecutrix had submitted her body for consummation, it cannot be treated as her consent. 13. Before closing the chapter, it may be mentioned here that the prosecutrix is a poor labourer and had nas no animous or grudge against any of the appellants for her false deposing against them. Had the prosecutrix been a girl of loose character she would not have labour hard for her livelihood. 14. In view of the above discussions, I come to the conclusion that the prosecution has successfully proved the charge of the offence under Section 376, I. P. C. against both the appellants beyond all reasonable doubt and that the learned trial judge has rightly convicted and sentenced the appellant thereunder. I, therefore, find no force in such submission of the counsel for the appellants. 15. However, on the point of sentence, Mr. Sahays submission is that both the appellants were detained in custody in trial for about two years and five months and they are labourers of ordinary status. Mr. Sahay also submits that they are the first offenders having a clean character and that they are only the bread earners of their respective family. 16. Having regard to the fact that both the appellants are first offenders and are bread earner of their family, the sentences imposed on them is required to be reconsidered. Proviso to Section 376 of the I. P. C. imposes the court to impose a sentence of imprisonment for a period of less than 7 years, if there appears some special reason. In my view, the above mentioned facts are special reason for passing the adequate sentence less than seven years. Thus the sentence of 7 years imposed on the appellants by the trial Judge, is reduced to the period already undergone and to pay a fine of Rs. 1,000 each and in default of fine, further undergo rigorous imprisonment for one year each. In case, the fine is realised, the amount shall be paid to the victim girl. With the modification in the sentence, the appeal is dismissed.