Judgment Loknath Prasad, J. 1. This appeal is directed against the judgment dated 30.4.93 passed by 1st Addl. Sessions Judge, Singhbhum West at Chaibasa in S.T. No. 374/91 thereby and thereunder the sole appellant was found guilty under Sec. 377 of the I.P.C. and he was convicted and sentenced to undergo R.I. for five years. 2. The prosecution case in short is that the victim girl Sarsawti Icha Gutto of village Bhoya, P.S. Sadar at about 6.30 P.M. or so after purchasing rice beer (Haria) from the local shop of the village and when she was returning in her residence then on the way the appellant asked her to come immediately after keeping the rice beer in the house as he had got some urgent work with her. The victim girl after keeping the rice beer in the house came to the appellant and enquired about the work then the appellant apprehended her and put a bed sheet which he was holding and took her near a lonely place in the village near railway line and got the victim girl naked and committed rape and after that in that very place sodomy was committed causing injury and bleeding. After commission of sodomy the appellant brought the girl near the village and threatened her not to disclose this fact to any body. However, when the victim girl came to her residence and interrogated by her mother then she disclosed everything and this matter was also disclosed to some relations. On the next morning the appellant was apprehended by the villagers and the village Mukhiya and Munda and the victim girl alongwith her relations and the apprehended accused had gone to P.S. where she lodged the F.I.R. on the next date of occurence at about 2.30 P.M. and on that basis this case was instituted against the appellant under Secs. 376/377 of the I.P.C. 3. After the institution of the case the victim girl was referred to doctor for medical examination and after completing of the investigation charge-sheet was submitted as against the appellant. 4. In the trial court appellant claimed himself innocent and denied to have committed rape or sodomy and two fold defence was made out in the court below. After the institution of the case the victim girl was referred to doctor for medical examination and after completing of the investigation charge-sheet was submitted as against the appellant. 4. In the trial court appellant claimed himself innocent and denied to have committed rape or sodomy and two fold defence was made out in the court below. Firstly that he was trapped in this case only for the reason that the parents of the victim girl wanted to marry her girl with him and secondly defence was taken that as the cousin brother of the victim girl had some enmity with the appellant he had been falsely implicated by concocting a case of rape and sodomy. The trial court believed the prosecution story so far as allegation of sodomy is concerned and convicted him in the manner indicated above. But recorded a finding of acquittal so far as allegation of rape under Sec. 376 of the I.P.C. is concerned. Being aggrieved by and dissatisfied with the order of the court below this appeal had been preferred challenging the finding of the court below on various grounds. 5. According to the prosecution case this occurrence took place in the late evening of 7.1.91 in village Bhoya and admittedly the victim girl Sarsawti Icha Gutto was found aged only 15 years or so by the doctor also and the appellant is man of the same village and the house of the appellant is near the house of the victim girl and they are known to each other from before as this occurence of sodomy was committed in a lonely place, naturally the victim girl, Saraswati, who has figured as P.W. 3 is the sole witness of the occurence. According to this witness on the relevant day of Monday he had gone to bring Haria from the local shop and at about 6.30 P.M. or so when she was returning with purchased Haria then the appellant met her on the way and asked her to come for some work after keeping the Haria. According to this witness on the relevant day of Monday he had gone to bring Haria from the local shop and at about 6.30 P.M. or so when she was returning with purchased Haria then the appellant met her on the way and asked her to come for some work after keeping the Haria. Accordingly it is also her evidence that when she again came and enquired about the work she was apprehended and a bed sheet was wrapped on her and she was forcibly taken to a lonely place near railway line where on the same bed sheet she was made to lie down and first of all rape was committed causing bleeding and immediately at that very time sodomy was also committed causing injury in her anal and then she was left in the village by the appellant with a threatening that not to disclose all these facts. This witness has further stated that when her mother made an enquiry then she disclosed all these facts to her and on the next day the matter was also reported to the villagers and village Mukhiya, Sarpanch and Munda apprehended the appellant and then alongwith the appellant had gone to P.S. and she lodged the F.I.R. on the next day in the afternoon and undergarment which she was wearing was also seized by the police. Admittedly the victim girl was minor at the time of occurrence and only defence taken as against her that her cousin brother had some enmity with the appellant and for that he had been implicated. No doubt there is some enmity between the appellant and the cousin brother but for such petty difference it is not expected from a tribal person that too illiterate to hatch up such a case at the reputation of a unmarried girl. So false implication due to enmity can be safely ruled out. 6. The evidence of the informant also finds corroboration from the medical report and the evidence of the Dr. So false implication due to enmity can be safely ruled out. 6. The evidence of the informant also finds corroboration from the medical report and the evidence of the Dr. B.D. Singh who has figured as P.W. 9 P. W. 9 on the next day of the occurrence i.e. on 8.1.91 examined the victim girl and estimated her age to be 15 years and has found the hymen of the victim girl intact and no injury was found in the vagina and so he ruled out the allegation of rape but anal region was found swollen with blood stained and margin of tear and laceration and it is the specific findings of the doctor that the victim girl was badly sodomised. So the medical report coupled with the injury found on the victim girl immediately after the occurence, supports the allegation of sodomy. 7. Learned Counsel for the appellant submitted that in the F.I.R. and also in the evidence of the girl there is clear allegation that she was first of all raped and this allegation appears to be false in view of the evidence of the doctor and the court below also recorded an order of acquittal so far as charges under Sec. 376 of the I.P.C. is concerned. In that view of the matter, it can be said that false allegation was levelled only to implicate the appellant. There is no two opinion and now it is settled principle of law that a part of the evidence may be false and part may be true. In the instant case also it appears that part of the allegation appears to be in true but the allegation of sodomy appears to be true more particularly in view of the medical report. It is also quite possible that the appellant also made an attempt to commit rape and as the girl was of tender age so he could not commit rape and then sodomy was committed. In such a situation the girl who was under impression that she might have been subjected to rape and levelled the allegation of rape. 8. It is also quite possible that the appellant also made an attempt to commit rape and as the girl was of tender age so he could not commit rape and then sodomy was committed. In such a situation the girl who was under impression that she might have been subjected to rape and levelled the allegation of rape. 8. The prosecution case further finds support from the evidence of P.W. 2 who is the mother of the girl and that of P.W. 1 who is the aunt of the girl and from their evidence it can be said that the girl was sent for purchasing haria on the same evening and she brought haria and kept in the house and after that she had gone out of the house and she was found missing for about two hours and when the girl returned and on enquiry she disclosed that the appellant committed rape on her and also committed sodomy. So on the next day some villagers were also informed and local Mukhiya, Sarpanch and Munda apprehended the appellant and they had gone to P. Section These witnesses also appear to be truthful and inspire confidence, P.W. 5, Ram Chander Gope is the local Mukhiya and P.W. 8 is another co-villager and from their evidences it can be said that on the next day of the occurrence they learnt about the entire occurrence from the victim girl and her mother and so the appellant was apprehended and he was taken to P.S. where the victim girl lodged the F.I.R. These witnesses are definitely responsible and important witnesses of the village and it is not expected from them to depose falsely as against the appellant. 9. Similarly P.W. 10 is the Investigating Officer himself and on lodging of the information he had gone to P.O. and inspected the P. O. and at the P.S. itself the appellant was produced and so he was apprehended and further the bed sheet used by the appellant was also seized by this Investigating Officer in presence of P.W. 6 and another witness and seizure list Ext. 4 was prepared and according to Investing Officer the bed sheet also contains the blood mark. Similarly he also seized Jangia of the girl and prepared the seizure list, Ext. 4/1 which according to the Investigating Officer contained stain of semen. 4 was prepared and according to Investing Officer the bed sheet also contains the blood mark. Similarly he also seized Jangia of the girl and prepared the seizure list, Ext. 4/1 which according to the Investigating Officer contained stain of semen. So there is sufficient evidence on the record to prove beyond any doubt that on 7.1.91 at about 6 p.m. or so the appellant forcibly took the girl near the railway line and committed sodomy against her and thus, trial court was perfectly justified in convicting and sentensing the appellant under Sec. 377 of the I.P.C. 10. The learned Counsel for the appellant during the course of argument submitted that the appellant was a juvenile at the time of occurrence and he was aged about 15 years or so. In that view of the matter, his regular trial was perfectly unjustified and illegal and ought to have tried by the Juvenile court. In support of his contention it was contended that the appellant was a student of a high school at Chaibasa and D.W. 1, a teacher of that school proved his admission register which indicates his date of birth as 18.1.1976 which clearly shows that she was aged about 15 years or so at the time of occurrence but from the record and also from the judgment of the learned Additional Sessions Judge it can be said that this plea was earlier taken before the Judicial Magistrate in pursuance of the order of the High Court and Medical board was constituted which found the age of the appellant to be above 18 years. So the appellant was not a juvenile at the time of occurrence. In that view of the matter, the entire submission that trial is vitiated is without any basis and thus, rejected. 11. So in view of the findings made above. I am of opinion that trial court was perfectly justified in convicting and sentensing the appellant under Sec. 377 of the I.P.C. Regarding the sentence it can be said that the offence is very heinous and the manner in which it was committed clearly indicate that the trial court was justified in sentensing him to undergo for 5 years under Sec. 377 of the I.P.C. and it does not require any interference. 12. In the result this appeal is dismissed and conviction and sentence as recorded by the 1st Addl. 12. In the result this appeal is dismissed and conviction and sentence as recorded by the 1st Addl. Sessions Judge, Singhbhum West at Chaibasa in ST. No. 374/91 is hereby confirmed and maintained. The appellant is on bail. His bail bond is hereby cancelled and he directed to surrender in the court below to serve out the remaining part of his sentence.