Appellant Sadiq Ali has filed this appeal from Jail against his conviction under Section 376, I. P. C. and the sentence of imprisonment for life awarded to him by 1st Addl. Sessions Judge, Rampur, vide judgment dated 21st August, 1995 in Sessions Thai No. 81 of 1994. 2. The prosecution case in brief is that on 12th December, 1993 at about 1. 00p. m. the accused committed rape on his own daughter Km. Shahana aged about 11/12 years. The accused did so by threatening the girl with a pistol. According to prosecution the son and wife of the ac cused had gone to the jungle for bringing grass and the accused was alone in the house with his daughter Km. Shahana. Taking advantage of the absence of his son and wife, the accused committed rape on Km, Shahana and she narrated the inci dent to her mother and brother when they came back from the jungle at about 3. 00 p. m. Asif Ali (P. W. 2), son of the accused and Asghari (P. W. 3), wife of the accused, found Km. Shahana lying on the cot and her clothes were blood-stained. She started weeping on seeing her mother and brother and when she was asked why she was weeping she told that her father had committed rape on her. Asghari and Asif Ali also started weeping and on hearing the noise Kalloo reached there and - took the girl to the police station. Ram Ghulam Srivastava (P. W. 5) recorded the F. I. R. and took the shalwar of Km. Shahana in his possession. The clothes were sealed and Km. Shahana was sent to Women Hospi tal, Rampur with Sub-Inspector Omvir Singh and constable Devendra Singh. On the same day, i. e. on 12-12-93 at about 10 p. m. Km. Shahana was examined by Dr. Savitri Narula who found the hymen of the girl torn. There was bleeding from the vagina and swelling on the posterior wall of the private parts. There was clotted blood in the vagina due to which the ex amination of the girl was painful. The girl was sent for X-ray examination for deter mining her age and after X-ray examina tion her age was found to be about 12years. The girl was admitted to the Hospital where she remained till 14th December, 1993. 3. The prosecution has examined 8 witnesses in this case. Km. The girl was sent for X-ray examination for deter mining her age and after X-ray examina tion her age was found to be about 12years. The girl was admitted to the Hospital where she remained till 14th December, 1993. 3. The prosecution has examined 8 witnesses in this case. Km. Shahana (P. W. 1) has stated that one year before her state ment her mother and brother had gone to the jungle for bringing grass. At about 1. 00 p. m. her father threatened her with a pistol and committed rape on her by inserting his penis in her vagina. She felt a lot of pain and there was a lot of bleeding. She nar rated this incident to her mother and brother when they came back from the jungle at about 3 p. m. Hearing this her mother started weeping and some people of the village collected there. She was taken to the police station where she told everything to deewanji. She was taken to the Hospital and was medically examined. Her shalwar was taken in custody by the police. 4. The statement of Km. Shahana (P. W. 1) is fully corroborated by the state ment of her brother Asif Ali (P. W. 2) who is a boy of 14 years of age and the statement of the mother Asghari (P. W. 3 ). It is not necessary to repeat their statements. Dr. Savitri Narula (P. W. 4) has stated that she examined the girl at 10 p. m. on 12th December, 1993 and found that the breasts of the girl were not developed and the girl had polio in both the legs. Her hymen was torn and there was bleeding from the vagina. She examined the private parts with great difficulty because the girl was feeling a lot of pain. After X-ray examina tion the age of the girl was found to be about 12years. 5. Ram Ghulam Srivastava (P. W. 5) has stated that he recorded the F. I. R. as stated by Km. Shahana and made an entry in the roznamcha. Km. Shahana was bleeding from private parts. Her clothes were produced by her brother and were sealed. Mahempal Singh (P. W. 6) is the Investigating Officer of the case who has narrated the various steps taken during the investigation. Shahana and made an entry in the roznamcha. Km. Shahana was bleeding from private parts. Her clothes were produced by her brother and were sealed. Mahempal Singh (P. W. 6) is the Investigating Officer of the case who has narrated the various steps taken during the investigation. He arrested the accused from the campus of a Primary School and recovered a country-made pistol and some cartridges. Constable Ram Pal Singh (P. W. 7) was also present at the time when the accused was arrested by the Sub- Inspector. The last witness is Omvir Singh (P. W. 8) who has investigated the case under Arms Act and has obtained the sanction of the District Magistrate for prosecution under the Arms Act. 6. We have heard Sri Raghuraj Kishore amicus curiae on behalf of the accused-appellant and Sri Mahendra Pratap A. G. A. on behalf of the State and have gone through the record. 7. Learned counsel for the appellant has argued that according to Dr. Savitri Narula (P. W. 4) there was a probability that rape had been committed on Km. Shahana. It is argued that the Doctor has not made a definite statement that rape did take place. We are not at all impressed by this argument. The Doctor has clearly stated that hymen was torn and there was bleeding from the vagina. The vaginal smear was also taken and was sent for chemical examination. The shalwar of the girl was found positive for sper matozoa, semen and blood. The kurta and Tahmat of the accused and the mat tress on the cot was also found positive for human blood. Therefore, there cannot be any manner of doubt that Km. Shahana was subjected to rape. In the alternative, learned counsel for the accused argued that the sentence of imprisonment for life is too severe. Ordinarily in a case of rape on a girl of 12 years of age by her own lather the sentence imposed by the trial Court cannot be said to be excessive. But there are some mitigating circumstances in the instant case. It has come in the evidence of Asif Ali (P. W. 2), son of the accused, that his father is lame. But there are some mitigating circumstances in the instant case. It has come in the evidence of Asif Ali (P. W. 2), son of the accused, that his father is lame. Constable Ram Pal Singh (P. W. 7) has also stated that when they went in search of the accused they found a lame man going towards Sankara and when he was arrested he disclosed his name as Sadiq Ali son of Ali Husain. It has also come in the evidence of accuseds wife Asghari (P. W. 3) that the accused has some mental abnormality. When he is angry he spits on the food and on holy quran. Once he burnt a chadar used at the time of ziarat. It, therefore, appears that the accused is given to violent fits of temper though he is not insane. Taking into ac count the physical disability and the men tal abnormality of the accused we are in clined to reduce the sentence from im prisonment for life to rigorous imprison ment for a period of ten years. 8. In view of the above discussion, the appeal is partly allowed and while main taining the conviction of the appellant under Section 376, I. P. C. , the sentence of imprisonment for life awarded to him by the trial Court is reduced to rigorous imprisonment for ten years. A sum of Rs. 1100/- will be paid to amicus curiae Sri Raghuraj Kishor. Appeal partly allowed. .